The Islamabad High Court has made it clear that a husband cannot take back gifts once they have been given to his wife. This ruling came during the hearing of an appeal filed by Muhammad Shaban.
Justice Mohsin Akhtar Kayani highlighted that asking for a gift to be returned is not acceptable, either socially or religiously.
He explained that gifts, once given, are considered the property of the recipient, and taking them back goes against both moral norms and social customs.
The judge further clarified that Islamic teachings also prohibit reclaiming gifts after they have been presented. In Islam, giving a gift is meant to be a voluntary act of kindness and generosity, and the giver cannot demand it back later.
This principle is meant to protect trust and fairness in personal relationships, especially within marriage.
During the hearing, the court emphasized that gifts carry emotional and symbolic value in addition to material worth. Taking back a gift can harm relationships and go against the spirit of goodwill and mutual respect that marriage encourages.
Legal experts say this ruling reinforces the rights of wives to retain gifts received from their spouses and serves as a reminder that property given voluntarily cannot be reclaimed without consent.
The decision aligns with broader principles of family law and Islamic guidance, ensuring clarity in cases of disputes over personal gifts.
The Islamabad High Court’s judgment is being seen as an important step in protecting marital rights and promoting fairness between spouses. It also aims to prevent misuse of legal claims to take back gifts and underscores the ethical and religious importance of giving without expecting anything in return.
