Badriya Farih Al-Anzi
Assistant Professor of Comparative Jurisprudence, Department of Islamic Studies Faculty of Arts, University of Hafr Al-Batin, Saudi Arabia.
Issue: 100 | Pages: 25-38| March 2025 | https://doi.org/10.54940/si81350347| PDF
Received:04/11/2023| Revised:13/12/2023 | Accepted:24/12/2023
Corresponding Author:badriaanzi@uhb.edu.sa
Abstract
Praise be to Allah, the Lord of all worlds, and blessings and peace be upon our Prophet Muhammad and his family and companions. To proceed: This research, titled "Reclaiming Gifts Before and After Marriage: A Comparative Jurisprudential Study," aims to clarify the meaning of the term "gift," explain the purpose of reclaiming it, differentiate it from "Grant" (Hiba), and enumerate the various scenarios of gift reclamation by the fiancé or the spouse. The study also seeks to elucidate the legal rulings regarding the validity of reclaiming a gift or its invalidity. The research methodology employed is analytical and comparative. The study is divided into an introduction, three sections, and a conclusion. The most significant findings are as follows: If the fiancé or the fiancée passes away before the marriage contract is formalized, it is likely that the fiancé or their heirs do not have the right to reclaim the gift from the fiancée or her guardian. However, if the engagement is called off before the marriage contract is finalized, the researcher leans towards the view that distinguishes between the party who reclaims the gift. If the reclaiming party is the fiancé, they do not have the right to reclaim the gift. However, if the reclaiming party is the fiancée or her guardian, they are obliged to return the gift to the fiancé to protect the interests of the party originally entitled to it. Once the marriage contract is formalized and a separation occurs before consummation, such as divorce for reasons of incapacity or fault, the researcher is inclined to the opinion that reclaiming the gift is not valid. This is because the divorce occurred at the will and choice of the husband. If the separation occurs after full consummation, the husband is not entitled to reclaim the gift due to his enjoyment of the marital relationship.
Keywords
Reclamation, Gift, "Grant" (Hiba), Engagement, Marriage Contract.
How to Cite
Al-Anzi, B. (2025), Returning a gift before and after the marriage contract: A comparative jurisprudential study, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue 100. pp.25-38. https://doi.org/10.54940/si81350347
License
1658-8738/© 2025 by the Authors. Published by J. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud. This is an open-access article distributed under the terms and conditions of the https://creativecommons.org/licenses/by-nc/4.0/