What is the ruling of Islamic law regarding demanding gold pieces after divorce, knowing that they were given as a gift and not as part of the agreed-upon dowry of $700, and that the wife admitted they were not her property when she retrieved her belongings?
The ruling concerning gifts, such as jewelry and other items, presented by a husband to his wife at the time of the marriage contract or thereafter, depends on custom (urf) or condition (shart). If it is customary or stipulated, then it is like the sadaq (dower), and the wife owns all of it upon consummation and half of it upon a valid marriage contract. However, if there is neither custom nor condition, then if he named it a gift, he may not reclaim it at all. But if he named it a loan and had witnesses, then he may reclaim what remains of it. A gift is considered a donation (hiba) that cannot be retracted, based on the Prophet, peace and blessings be upon him, who said: "It is not permissible for a man to give a gift or make a donation and then retract it, except for a father concerning what he gives to his child."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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