[abomokhtar]

What is the ruling on shabka (the gift that the groom traditionally gives his fiancée) in the event of khul'?
Answer
It is established in Islamic law that a woman is entitled to receive half of the dowry by virtue of the marriage contract and the full dowry after the consummation of marriage. According to customs, the shabka (what a man traditionally gives his fiancée upon the marriage agreement, usually gold jewelry) is considered part of the dowry because people agree on it before the marriage takes place. It is not a gift. Islamic legislation takes into account customs due to the words of Allah Almighty Who says:
Hold to forgiveness; command what is right. [Al-A'raf: 199]
Ibn-Mas'ud (may Allah be pleased with him) reported in a non-prophetic narration, "What Muslims deem to be good, is good according to Allah and what Muslims deem to be evil, is evil according to Allah" [Recorded by Ahmed his Musnad and by Al-Taylalsy in his Musnad]. Therefore, the shabka is part of the dowry.
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