Is the wife entitled to demand the return of her gold which she sold to her husband by her own choice, and if so, should the husband return it at its value at the time of sale or by the same number of grams?
If a sale is concluded with its conditions and pillars, it becomes a binding contract for both parties, and neither has the right to unilaterally revoke it except with the consent of the other. However, annulment (Iqalah) is recommended, as the Prophet (peace be upon him) said: "Whoever annuls a sale for a Muslim, Allah will annul his slip (fault)."
It is recommended for the husband to annul this sale for his wife. The annulment should be at the same price for which the sale was concluded. Thus, the wife returns the amount paid and takes her gold, if it is still extant. Otherwise, there is no annulment. Annulment is not valid if the sold item is damaged, or if the contracting party dies, or if there is an increase or decrease in the price. The more cautious approach is for both counter-values (the price and the sold item) to be exchanged in the session of annulment before the parties separate.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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