Is it permissible to demand the return of gifts and presents after the dissolution of an engagement, and after a long time has passed, in order to ensure not being held accountable on the Day of Resurrection?
Scholars have differed concerning the ruling on reclaiming gifts given by a suitor to his fiancée after the engagement is broken. The Hanafi and Shafi'i schools permit reclamation absolutely for whatever remains. As for the Maliki and Hanbali schools, there is a detailed view: if the breaking of the engagement is from the fiancée's side, the suitor may reclaim the gifts; but if it is from his side, he may not. The most preponderant view is that the suitor reclaims the gifts absolutely, because they are a gift conditioned upon the completion of the marriage. You are permitted to reclaim the gifts, but it is better to leave them as a noble act of character and benevolence. And refraining from demanding one's right in this case is not considered blameworthy silence regarding the truth; rather, it might be an act of worship and a righteous deed.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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