Can a mother reclaim a property she gifted to her son as a wedding present, which she purchased with her own money, and which was not explicitly stated as a gift in the contract, especially if the son intends to register it in his wife's name? And to whom does authority over the property belong, to the mother or to the son?
The prohibition of revoking a gift is the general rule, except for a father's gift to his child. The Hanbalis, however, exclude a gift intended as a recompense. Jurists differ regarding the mother's right to revoke a gift, whether it is similar to the father's right. Abu Hanifa and Ahmad held that she does not have the right to revoke it, while Malik distinguished, saying she can revoke it during the father's lifetime but not if the father is deceased. Al-Shafi'i and some Hanbalis held that she has the right to revoke it, just like the father. Among the conditions for the father's permissible revocation of a gift to his child are that the gift must still be in the child's possession, the item must remain under his control, there must be no desire for it by anyone other than the child, and it must not have experienced an inseparable increase in value.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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