Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Gifting creates Love
Sayyiduna Abu Hurairah Radiyallahu anhu reported that Rasulullah Sallallahu alayhi wa sallam said, “Give each other gifts and you will love each other.” [al-Adab al-Mufrad]
______________________________
Question and Answer:
- 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?
- A. 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
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
