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Can a spouse demand their gift back if the other spouse married only for money and divorces very soon?

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If a spouse marries another spouse and they give gifts and things to that spouse. But he/she divorces the other that same night or the next day and run away with the gifts and money. Can the other spouse demand it back? I have found some fatwa- From a Fatwa of Al-Azhar University: "If a woman enters into a marriage with the explicit intent of obtaining money and then divorces immediately to avoid fulfilling her marital duties, this constitutes fraud. In such a case, the husband has the right to request the annulment of the marriage and reclaim any gifts or dowry given. The woman's intention to deceive makes the marriage invalid, and gifts exchanged in an invalid contract must be returned." From the Permanent Committee of Islamic Scholars (Saudi Arabia): "A marriage entered into with deceptive intent for financial gain, with no intention of fulfilling the marital obligations, is considered invalid. In such cases, the husband is entitled to reclaim the dowry and gifts given, as they were exchanged based on a marriage contract that was rooted in fraud." Ibn Qudamah (Hanbali), in his work "Al-Mughni", states that if a person enters a marriage with fraudulent intentions (for example, with the intent to deceive the other party), the marriage can be annulled, and the deceived party may be entitled to reclaim any gifts or payments made during the marriage. This is in line with the principle that fraud nullifies a contract. Al-Mughni, Volume 7, Page 457: "If a marriage is based on deception, such as one spouse hiding their true intentions or misrepresenting something fundamental to the marriage, then the marriage may be annulled, and any gifts or money exchanged could be reclaimed." Al-Shaybani (Hanafi Fiqh): The Hanafi school, in general, holds that a marriage based on deception is a form of fraud. If one party is deceived about a crucial fact (like the intention to divorce or other fundamental issues), the contract can be annulled. This would typically lead to the return of any material goods exchanged under fraudulent circumstances. "Al-Hidayah": The Hanafi text outlines that if the marriage is found to be based on deceit (e.g., false promises), the gifts may be returned, as the basis for their exchange was invalid. Maliki Scholars: Maliki jurists also assert that deceit in marriage, such as entering a marriage under false pretenses, can lead to annulment. If the marriage is annulled due to fraud, the deceived party has the right to request the return of gifts. Al-Mudawwana (by Sahnun): It discusses the consequences of marriage fraud and outlines that the deceived party might be entitled to the return of any gifts or dowry if fraud is proven. Please clarify.
Asked by ZAC16 (47 rep)
May 4, 2025, 04:23 PM