Fatwa: # 44130
Category: Jurisprudence and Rulings...
Country:
Date: 23rd August 2020

Title

My in-laws took my gold and do not want to return it - What can i do?

Question

Assalamualaikum warahmathullahi wabarakathuhu.

 

I am Aysha , 29 years old married mother of 2 kids...

I have been married for 9 years. I don't have father , I am raised by my mother and uncles. When I was getting married my in laws and husband didn't demand for dowry, but as I am from a well known family. My mother gave me some amount of gold as a asset from my family side. And my husband also gave me gold as Maher.

But after coming to his house. Which is a joint family, we are obliged to do work at home and live like they wish. Their permission for visiting out families are also included.

My husband was working outside and I was living in his home with his family. Later my I laws took my gold to take loan andbthya said they will repay with in 3 months. And after that I went to stay with my hishusb abroad. But when I came back all my gold which my mother gave and my Maher was taken by them. And they didn't even tell me that they took it.

 

They haven't even admit infront of me. My husband informed me this and I was supposed to not to ask anything. If I do they don't like it. And am the wrong person now..

 

So I didn't ask or do anything. But I informed my mother and relatives who raised me. They also kept quote just for my sake as I have kids.

But it's been years and they are not even giving or even talking about it. They talk about deen.do prayer, fasting. I don't know why but I always think of they are afraid of Allah this much , how could they do this to me.

 

Am standing in front of them. They can't deny what they did. And they even find fault of mine. What kind of rules is this.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islām,

We take note of the contents of your email.

If what you stated is the truth, then the conduct of your in- laws is un-Islamic.

Shariah has emphasised on respecting the wealth of a person. During Hajjat-ul- Wida’, the messenger of Allah (Sallallahu Alaihi Wasallam) said:

فإن دماءكم وأموالكم وأعراضكم عليكم حرام (صحيح مسلم 1679(

Translation: “Verily! Your blood, property and honour are sacred to one another”.

(Sahih Muslim 1679)

In another narration:

كُلُّ الْمُسْلِمِ عَلَى الْمُسْلِمِ حَرَامٌ دَمُهُ وَمَالُهُ وَعِرْضُهُ"( صحيح مسلم:2564) ‏…."

Translation:  "All things of a Muslim are inviolable for his brother in faith: his blood, his wealth and his honour."(Sahih Muslim: 2564)

It is prohibited to take the wealth of another without permission. Allah Taa’la says:


يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ ۚ وَلَا تَقْتُلُوا أَنْفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا)4:29)

Translation: “O you who have believed, do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.” (Surah Nisaa:29)

If a person takes away the wealth of the next person unjustly, he will have to pay dearly in the hereafter. See the following Hadeeth of Nabi (Sallallahu Alaihi Wasallam):

أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ" أَتَدْرُونَ مَا الْمُفْلِسُ قَالُوا الْمُفْلِسُ فِينَا مَنْ لَا دِرْهَمَ لَهُ وَلَا مَتَاعَ فَقَالَ إِنَّ الْمُفْلِسَ مِنْ أُمَّتِي يَأْتِي يَوْمَ الْقِيَامَةِ بِصَلَاةٍ وَصِيَامٍ وَزَكَاةٍ وَيَأْتِي قَدْ شَتَمَ هَذَا وَقَذَفَ هَذَا وَأَكَلَ مَالَ هَذَا وَسَفَكَ دَمَ هَذَا وَضَرَبَ هَذَا فَيُعْطَى هَذَا مِنْ حَسَنَاتِهِ وَهَذَا مِنْ حَسَنَاتِهِ فَإِنْ فَنِيَتْ حَسَنَاتُهُ قَبْلَ أَنْ يُقْضَى مَا عَلَيْهِ أُخِذَ مِنْ خَطَايَاهُمْ فَطُرِحَتْ عَلَيْهِ ثُمَّ طُرِحَ فِي النَّارِ"

صحيح مسلم كتاب البر والصلة والآداب باب تحريم الظلم)2581)

 

Translation:  The Messenger of Allah (Sallallahu Alaihi Wasallam):  “Do you know who is bankrupt?” They said, “The one without money or goods is bankrupt.” The Prophet said, “Verily, the bankrupt of my nation are those who come on the Day of Resurrection with prayers, fasting, and charity, but also with insults, slander, consuming wealth unjustly, shedding blood, and beating others. The oppressed will each be given from his good deeds. If his good deeds run out before justice is fulfilled, then their sins will be cast upon him and he will be thrown into the Hellfire.”(Ṣaḥīḥ Muslim: 2581)

We advise you to explain the seriousness of what your in-laws did to your husband.

You may present this fatwa to them, which may serve as an advise to them. In Sha Allah, they will be guided and hopefully remedy the situation by returning your jewellery to you.

And Allah Ta’āla Knows Best

Ahmad Patel

Student Darul Iftaa

South Africa

Checked and Approved by,

Mufti Ebrahim Desai.

 

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