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

 

Nasihah (Advice): Exchanging of gifts

 

Sayyidatuna Aaisha Radhiyallahu Anha reports that Rasoolullah Sallallahu used to accept a gift and give in return for it. (Sunan Tirmidhi)

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Question and Answer:

 

  1. 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?

 

(Question published as received)

 

  1. A) 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

 

(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

 

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