Retraction of Gifts between Spouses after Termination of Marriage: A Jurisprudential Study Comparing with the Saudi Legal Law

Abstract

This study delved into the legal and Shari'ah concept of gift, exploring the meaning of gift and its definition in Saudi civil law. It also examined the issue of withdrawal of gifts between spouses after the termination of marriage, particularly in light of common marital disputes that commonly occur between spouses. Furthermore, it compared the principle of revocation of gifts between spouses with the rule of revocation of conjugal gifts according to Saudi law.

Additionally, the study reviewed the rulings on revocation by either or both spouses after the termination of marriage in Islamic jurisprudence, comparing them with Saudi civil legislation and some other Arab legislations. One of the key conclusions of the study is that the majority of jurists deem it impermissible for one spouse to revoke the gift of the other after marriage because marital gifts aim to enhance marital relations and increase affection and harmony between spouses. Revoking a gift contradicts with this objective and may lead to tension in the relationship. However, some jurists from the Hanafi, Maliki, and Hanbali doctrines differ regarding the wife's ability to revoke a gift she gave to her husband if it was conditional, and the condition was not met. They consider her authorized to revoke it in this case.