Can a husband withdraw the gift given to his wife? This is the Answer!

darulmaarif.net – Indramayu, 28 December 2025 | 09.00 WIB

In domestic life, the issue of property is often a sensitive issue that triggers friction, even prolonged conflict. Not infrequently, a husband who previously generously gave his wife property—whether in the form of money, land, house, or other assets—later feels like he wants to withdraw the gift. The reasons are varied: economic conditions change, domestic disputes arise, or there is a misunderstanding in interpreting the grant itself.

The question then, Is it permissible under Islamic law for a husband to ask for the return of property that has been given to his wife? Is the position the same as the exception given to parents who can withdraw gifts from their children?

This problem is not new. Scholars since the Salaf generation have discussed this in depth, and the majority of opinions show the caution of the Shari’a in maintaining the honor of gifts (grants), especially in sacred relationships such as husband and wife.

General Principles: Prohibition of Withdrawing Grants

In general, Islam places great emphasis on ethics in giving. A gift is not just a transaction of wealth, but a reflection of sincerity and moral nobility. Therefore, withdrawing a gift is seen as a disgraceful act, except in one condition that is excluded by the Shari’a, namely parents against their children.

This is based on the words of Rosulullou SAW:

No one should give a gift, or give a gift, then take it back, except the father in what he gives to his child, and the parable of the person who gives a gift, Then he returns to it again, like a dog that is eating. When he’s full, he vomits, then he goes back to his vomit.

Meaning: “It is not halal for someone to give a gift or bequest, then take it back, except for parents who give it to their children. And the parable of someone who takes back his gift is like a dog that eats, then when it is full it vomits it up, then goes back to eating the vomit.”

This hadith is considered valid by the ulama, as confirmed by Ibnu Abdil Barr that there is no mistake regarding the validity of the hadith of the prohibition on withdrawing gifts.

Opinions of Imam Syafi’i and Imam Abu Hanifah

In the context of a husband’s gift to his wife, the majority of ulama are of the opinion that it is not permissible to revoke the gift. Imam Syafi’i and Imam Abu Hanifah are among the scholars who firmly hold this opinion.

In Ibnu Abdil Barr’s explanation, it is stated:

As for Shafi’i, no one has the right to take back his gift except his father

Meaning: “According to Imam Syafi’i, no one can withdraw his gift, except parents.”

Meanwhile, Imam Abu Hanifah and his companions expanded this prohibition to include mahram kinship relations, including husband-wife relations:

Likewise, if one husband/wife gives a gift to their partner, the gift giver has no right to return the gift

Meaning: “Likewise, husband and wife, if one of them gives something to his partner, then it is not permissible for the giver to take back the gift.”

In fact, Imam Abu Hanifah equated the position of husband and wife with Dzawi Al-Arham (mahram relatives) in terms of grants.

This view is reinforced by the teachings of Tabi’in scholars. In the ‘Umdatul Qari Bisyarh Sahih Bukhari (20/114–115) explained:

Ibrahim said: Ibrahim’s reward is Ibn Yazid al-Nakha’i, meaning that men’s gifts to women and women’s gifts to their husbands are permissible. This is a comment that Abd al-Razzaq accepted on the authority of al-Thawri, on the authority of Mansour, and on the authority of Ibrahim. He said, “If it is given to him or given to him, then each of them has his gift.” And al-Tahawi conveyed it through Abu Awanah on Mansour’s authority. He said, Ibrahim said, “If a woman gives a gift to her husband or a husband gives a gift to his wife, then the gift is permissible, and neither of them has the right to take back the gift.”

On the authority of Abu Hanifah, on the authority of Hammad, on the authority of Ibrahim, a husband and a woman have the same position as brothers. If one of them is given to the owner, then he has no right to take it back.

Meaning: “Ibrahim said yes. Ibrahim, he is Ibn Yazid An-Nakho’i, what this means is a husband’s gift to his wife and a wife’s marriage to her husband. This ta’liq was continued by Abdur Rozak from Imam At-Tsauri from Kansur from Ibrahim who said: “if the wife gives to the husband or the husband gives to the wife, then each of them is a gift.
At-Tohawi also continued from the line of Abu ‘Awanah from Mansur who said, Ibrahim said: “If a wife gives to her husband or a husband gives to his wife, then the gift is permissible, and neither of them can ask for the gift back.”
And from the path of Abu Hanifah from Hammad from Ibrahim: husband and wife occupy the place of kinship owners, when one of the two gives to the other then it is not permissible for him to ask for it back.”

Umar bin Abdul Aziz’s Views and Minority Dissent

Umar bin Abdul Aziz, the caliph who was famous for his asceticism and justice, also argued strongly:

Umar bin Abdul Aziz said, “They will not return.” Umar bin Abdul Aziz, one of the Caliphs who received guidance and one of the ascetics who worshiped, said, “They will not return.” His words, “They will not return,” mean that the husband will not return to his wife, and the wife may not return to her husband, if one of them gives her to another. This was also conveyed by Abd al-Razzaq, on the authority of al-Thawri, on the authority of Abd al-Rahman ibn Ziyad, that Umar bin Abd al-Aziz said the same thing as what Ibrahim said, and Ibn Battal said. There are those who say, “He has the right to take back what he has given him, but he has no right to take back what he has given him.” This was narrated based on the authority of Syuraih, al-Zuhri, and al-Sha’bi.

Meaning: “Umar bin Abdul Aziz said: ‘Both of them must not ask each other back’. Umar bin Abdul Aziz is one of the Khulafaur rosyidin, and is one of the worshipers who meditate. His words “both of them must not ask each other back. This means that the husband must not ask his wife back, and the wife must not ask her husband back what either of them has given to her husband. This is also connected with Abdur Razak from ats Tsauri from Abdur Rohman bin Ziyad who was said by Umar bin Abdul Aziz as Ibrahim said. Ibn Bathol said: ‘Some scholars are of the opinion that a wife may ask for back what she has given her husband and a husband cannot ask for back what he has given to his wife’. This was narrated from Syuraikh, Az Zuhri and Ash Sha’bi.”

However, Ibnu Baththal noted that there was a minority opinion from some scholars such as Syuraih, Az-Zuhri, and Asy-Sya’bi, who were of the opinion that wives may withdraw their gifts to their husbands, while husbands may not withdraw their gifts to their wives. However, this opinion is not the basis of the majority of Ulama.

From the description above, it can be concluded that According to popular scholars, a husband cannot take back the gift he has given to his wifejust as a wife is also not allowed to withdraw a gift from her husband. The relationship between husband and wife in Islam is not only a legal bond, but also a bond of trust, affection and morals.

In the Islamic boarding school tradition, this issue is often emphasized as part of Adab Mu’asyarah bil Ma’ruf. Giving sincerely and not looking back on giving is a reflection of spiritual maturity in a husband’s household.

Hopefully this explanation can provide enlightenment and guidance for Muslims in maintaining family harmony in accordance with the correct guidance of Islamic law.

Hope it is useful. Wallohu a’lam.