Jamiat KZNJamiatul Ulama KZN

Is it permissible for the divorced parties to demand any gifts given?

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*Islamic Rulings*Marital GuidanceDivorce (Talaaq)Family MattersFatwaFemale Issues

Question

In many families, when a divorce takes place, especially, a divorce of a newly wedded couple, the parties demand the return of the gifts given after the Nikah. Is this acceptable?

Answer

Any gift/s exchanged between the husband and wife or between the husband or wife’s family before or after the Nikah, belongs to the parties who have taken ownership of the gift/s.

It is impermissible for any of the parties to demand the return of the gifted item/s, whether after the Nikah or after a Divorce takes place. (Badaai’ 6/128)

Rasoolullah Sallallahu Alayhi Wasallam said: “One who takes back his gift (which he has already given) is like a dog that swallows its vomit.” (Sahih Muslim)

And Allah Ta’ala Knows Best

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