A husband reclaiming the gold he gave his wife at the wedding

مطالبة الزوج بالذهب الذي أهداه لزوجته في حفل الزفاف

A question about a husband who gave his wife gold at the wedding party and later claimed it back as his own, in which Jordan's General Iftaa Department answered that the gold belongs to the wife, whether it was part of the dower or a gift she had received. The Department answered that gold a husband gives his bride at the wedding party is either part of the dower (mahr) or a present and gift. It said that if it is part of the dower, meaning it was agreed at the marriage contract and recorded in it, it belongs entirely to the wife. It said that if it was a present, the rules of gifts apply: a gift becomes binding once received and becomes the wife's property, and the husband may not take it back. It cited a hadith reported by Abu Dawud forbidding taking back a gift, except a father's gift to his child. It noted that Article 579 of the Jordanian Civil Code lists a gift from one spouse to the other among the cases in which a gift cannot be revoked. It concluded that any other dispute between the spouses is for the courts to settle.

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Summary

A question about a husband who gave his wife gold at the wedding party and later claimed it back as his own, in which Jordan's General Iftaa Department answered that the gold belongs to the wife, whether it was part of the dower or a gift she had received. 1

The question

The questioner asked about a husband who gave his wife gold during the wedding party and then demanded it back, claiming the gold was his by right. 1

The answer

The Department answered that gold a husband gives his bride at the wedding party is either part of the dower (mahr) or a present and gift. 1 It said that if it is part of the dower, meaning it was agreed at the marriage contract and recorded in it, it belongs entirely to the wife. 1 It said that if it was a present, the rules of gifts apply: a gift becomes binding once received and becomes the wife's property, and the husband may not take it back. It cited a hadith reported by Abu Dawud forbidding taking back a gift, except a father's gift to his child. 1 It noted that Article 579 of the Jordanian Civil Code lists a gift from one spouse to the other among the cases in which a gift cannot be revoked. 1 It concluded that any other dispute between the spouses is for the courts to settle. 1

About this record

Jordan's General Iftaa Department published this fatwa on aliftaa.jo as no. 3909, dated 11 August 2024. 1 The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.

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Mahr: the dower that a husband gives his wife· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)

People and things also explored

Hadiyya (gift)· A'da' al-Islam (lecture series)· A father taking back a gift to his child· A grandmother's gift to her grandchildren and a grandchild born later· Accepting a gift a brother received from his commercial bank· Gifts from baby-milk agents to midwives· Bonus credit on prepaid gift cards· Marketing contests with prize coupons inside products

Sources

  1. Jordan's General Iftaa Department (aliftaa.jo) , fatwa 3909

Original page

Cite this page

islam.museum contributors. “A husband reclaiming the gold he gave his wife at the wedding”. islam.museum, https://islam.museum/en/work/fatwa-aliftaa-jo-a-husband-reclaiming-wedding-gold/. CC BY-SA 4.0. Last updated 2026-11-01.

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Hadiyya (gift)

Hadiyya in the lexical sense is a thing of value sent to another as an honour; technically it is the transfer of a thing to another without return, a kind of gift (hiba) that differs in that it is carried to the recipient as a courtesy. It is complete when the giver sends it and the recipient takes it; no formula is required. The giver may retract before receipt, in the view of the majority. Where a gift comes in a container, the container is returned or held in trust depending on custom. At a circumcision or wedding, gifts suited to children go to the child, and others follow the kinship of the giver to the father or the mother. Gifts that officials and judges receive by virtue of office are forbidden; the Prophet's saying 'the gifts of officials are plunder' is cited. The imam may not accept gifts, according to the jurists. The mufti, preacher and teacher may accept, though it is better to refrain.