All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

If the matter is as described in the question, the gold given by the husband to his bride during the wedding ceremony can either be part of the dowry (Maher)* or a gift from the husband. If it is part of the dowry, meaning it was agreed upon at the time of the marriage contract and documented in the marriage contract, then it becomes the exclusive right of the wife.

However, if the gold was given as a gift or a donation, it falls under the rules of gifts and donations. Once it is handed over, it becomes the property of the wife, and the husband does not have the right to reclaim it. This is based on the saying of the Prophet Muhammad (peace be upon him): "It is not permissible for a man to give a gift or grant a donation and then take it back, except a father regarding what he gives to his child. The example of one who gives a gift and then takes it back is like a dog that eats, and when it is full, it vomits and then returns to its vomit." [Abu Dawood].

The Jordanian Civil Code mentions the conditions under which it is prohibited to revoke a gift. Article (579) states that one of these conditions is: "If the gift is from one spouse to the other."

If there is a dispute between the spouses regarding any other claims, the matter should be referred to the courts for resolution. And Allah The Almighty Knows Best.

 

 

 

 

*The Islamic Mahr is “a sum of money or other property which becomes payable by the husband to the wife as an effect of marriage.” It is a claimable right of the bride, that may be specified or unspecified, and that she may voluntarily relinquish if she wants, fully or partly.