He Gave His Wife Her Mahr: A Ring That He Bought With Riba
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
I got married in the Islamic manner to a Christian girl in the USA, and I gave
her a mahr of a diamond ring worth approximately $3500. I bought the ring with a
riba-based loan, using a credit card. A few months ago, my wife and I separated,
and when we separated, and without me asking for it, my wife gave me the diamond
ring. But I have not divorced her yet; I want to be patient and put my trust in
Allah, in the hope that He will set things straight between me and her, and
perhaps she will say the shahaadah (testimony of faith), by Allah's leave.
My first question is: is it permissible for me to keep the ring with me, knowing
that I have not divorced her yet and I have not said anything indicative of
talaaq or khul' or annulment of the marriage?
My second question is: is this ring permissible as a mahr, knowing that I had
bought it with riba, using a credit card, but now – praise be to Allah – I have
repented and asked Allah for forgiveness, and I have resolved not to deal with
riba ever again? If that is not permissible, then what should I do? Should I
sell it and buy her another ring, if we manage to reconcile and I do not divorce
her? Do I have to spend $3500, as I did on the first ring?
Praise be to Allah.
Firstly:
There is nothing wrong with using a credit card so long as it is free of things
that are prohibited according to sharee'ah. However if it does involve any of
these things that are prohibited, it is not permissible to use it. For more
information, please see the answers to questions no. 97846, 102055 and 129976.
The credit card is a card that involves riba (interest); as that is the case, it
is not permissible to use it.
Secondly:
As the purchase has been made and it is not possible to undo it, what you must
do is repent, ask for forgiveness and not go back to dealing in such haraam
transactions again. You stated in your question that you have repented from that
and have resolved not to go back to it; praise be to Allah for this guidance and
we ask Allah to accept your repentance from you.
You do not have to sell the ring and buy another one, and you do not have to
give the entire price in charity. As well as repenting and asking for
forgiveness, all you have to do is give in charity any wealth that you have
acquired by means of riba when you were aware of the ruling, giving it to any
charitable cause by way of ridding yourself of it and repenting to Allah.
Please see the answer to questions no. 1391 and 78289
Shaykh Ibn Baaz (may Allah have mercy on him) was asked about someone who
married using both halaal and haraam wealth; after a few years, his conscience
woke up and he realised that he had got married using haraam wealth; what is the
ruling on his case and what must he do?
He replied: the marriage is valid and is not affected by that, so long as he
fulfilled the conditions of marriage by marrying her with her consent, in the
presence of her legitimate guardian (wali) and in the presence of two witnesses,
at a time when there was no impediment to marriage. The fact that the mahr came
from haraam wealth does not affect the marriage, if the conditions of marriage
were met. Rather there was only a problem with some of the wealth that was
acquired by haraam means. This does not affect the marriage, but he has to
repent to Allah, may He be glorified and exalted, for what he took by haraam
means, and he has to return the money to its rightful owners if he stole it or
misappropriated it from someone. If it is not possible to do that, then he
should give it in charity on behalf of its rightful owners, donating it to
charitable causes such as the poor and needy, repairing roads and washrooms
around the mosques, and so on. But as for the marriage, it is valid. End quote
from Fataawa Noor 'ala ad-Darb (3/1578)
http://www.binbaz.org.sa/mat/19656/print
You should understand that what is prohibited in the case of riba is the
interest earned, not the original capital which was halaal. Shaykh al-Islam Ibn
Taymiyah (may Allah have mercy on him) said:
With regard to the one who deals in riba but most of his wealth is halaal, that
is because if he sells one thousand for one thousand and two hundred, it is only
the extra amount that is haraam. If his wealth is a mixture of halaal and
haraam, the halaal portion does not become haraam because of this mixing; rather
he may keep the portion that is halaal. Similarly, if the wealth belongs to two
partners, and the wealth of one is mixed with the other, it may be divided
between the two partners. Similarly, if a person's wealth is a mixture of halaal
and haraam, the haraam portion should be estimated and removed, and the rest is
permissible for him.
End quote from Majmoo' al-Fataawa (29/273)
In that case, the problem is not the entire price of the ring; rather it has to
do with the transaction which was haraam, and you have repented from that. The
benefit that you got from this haraam transaction is what you should work out
and pay it from your wealth.
Thirdly:
You have no right to take anything from your wife's wealth, neither the ring nor
anything else, unless she gives it willingly. What appears to be the case is
that she gave you the ring based on what happened between you, or because she
thinks that the fact that you have separated means that she should return the
ring to you. But this is not correct, because her mahr is due from you
regardless of whether separation has occurred between you or not. So long as the
ring is her mahr, or part of her mahr, she is entitled to keep it regardless of
whether you get divorced or not, and it is not permissible for you to take it
back from her unless she gives it up willingly.
Please see also the answer to question no. 101758.
And Allah knows best.
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