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Demanding the return of gifts after a divorce

Answered as per Hanafi Fiqh by TheMufti.com

Q. 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?

A. Any gift given and exchanged between the husband or wife or between the husband or wife’s family after the Nikah belongs to the parties who have taken ownership of it.

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.” (Muslim)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa


This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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