Am I Entitled to Keep a Car My Ex-Husband Gave Me as a Gift?
Question
Can my ex-husband take back a car he gifted me while we were married?
He bought the car for me and gifted it to me during our marriage under finance in his name. After our divorce, he took the car back, leaving me without transportation. Am I legally entitled to keep it since it was given as a gift?
Answer
If your husband gifted you the car and you took full possession of it, the gift (hibah) is considered complete.
Once a valid gift and possession (Qabdh) have taken place, it is not permissible for the giver to revoke or reclaim that gift.
Therefore, he is not entitled to take the car back after gifting it to you. The fact that the car is financed or still being paid off remains his responsibility, as he accepted that obligation when making the gift.
However, if the car was never truly gifted to you, and he only allowed you to use it, then it would be regarded as a loaned item rather than a gift. In that case, he would be within his rights to take it back.
In summary, the ruling depends on whether you had genuine ownership and possession of the car, or merely permission to use it. [An-Nutaf fil Fataawa 1/518, Badaa’I 6/115-119]
And Allah Ta’ala Knows Best
- Answered by
- Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.