Source: Fatawa Aman Puri by Sheikh Ghulam Mustafa Zahir Aman Puri
Question:
The jewelry that is given to the wife by the husband, does the wife own it or not? And in the case of divorce or khula, is she obligated to return it or not?
Answer:
On the occasion of marriage, the groom's family gives some items to the bride in the form of jewelry, clothes, etc., which is commonly referred to as "Bari." In the case of divorce or Khula, if the husband demands their return, it will be considered whether any condition was imposed at the time of marriage that the woman would be obligated to return them in the event of divorce or Khula. If such a condition was imposed, the husband can demand their return, and it is necessary for the bride to return the "Bari" according to that condition. If no such condition was imposed, then this "Bari" is a gift and present from the husband. No one other than the father can demand the return of a gifted item. Therefore, the woman is the owner of this "Bari," and the husband does not have the right to take it back.
Saidna Abdullah bin Umar (may Allah be pleased with him) and Saidna Abdullah bin Abbas (may Allah be pleased with him) report that the Messenger of Allah (peace be upon him) said:
"It is not permissible for anyone to give a gift and then take it back, except for a father, who may take back what he gives to his son. The one who gives a gift and then takes it back is like a dog that eats, and when it is full, it vomits, then licks it up again."
Reference: (Musnad Ahmad: 27/78, Sunan Abu Dawood: 3539, Sunan Nasai: 3720, Sunan Tirmidhi: 2132, Sunan Ibn Majah: 2377, and its chain is authentic)
Imam Tirmidhi (may Allah have mercy on him) has classified it as Hasan Sahih, Imam Ibn al-Jarud (may Allah have mercy on him) has classified it as Sahih, Imam Hakim (may Allah have mercy on him) has classified it as Sahih al-Sanad, and Hafiz Dhahabi (may Allah have mercy on him) has declared it authentic.
