STUDYING ISLAM

Asking for Return of Gifts After Divorce

Social Issues · · October 7, 2026

Question

Could you please write in detail in the light of Qur'an and the narrations of Prophet Muhammad (peace be upon him) that how a Muslim male should behave after a divorce has taken place? For example, is it right to ask the wife to return all the gifts which were given during the happy days of marriage?

Answer

The Qur'an has strictly prohibited a person from asking his divorced wife to return any gifts that he may have given her during their marriage. At one instance, the Qur'an says: And it is not lawful for you [men] to take back anything from what you [may] have given them... ( Al-Baqarah 2: 229) At another instance, the Qur'an says: And [even] if you have given one of your wives a heap [1] [of gifts], do not take back anything of it. ( Al-Nisaa 4: 20) There are only two exceptions to this rule, also mentioned in the Qur'an. Firstly, a person has been given the right to ask (and even press) for the return of whatever he has given his divorced wife, if she has been guilty of adultery. The Qur'an says: And do not press them [i.e. the divorced women] to be able to walk away with any part of whatever you have given them, except only in case they have been guilty of clear and open lewdness [2] . ( Al-Nisaa 4: 19) Secondly, if the person has given so much of his possessions to his wife that divorcing her would imply losing all his possessions (and due this reason alone, the man is not willing to divorce her), the Qur'an, in such a situation, has directed the man to appeal to the society (which may be represented by the elders of the two families or the court of law), which, if it deems justified, may ask the woman to return the whole or any part of the gifts that she had received during her marriage. The society (i.e. the elders of the two family or the court of law) may determine the amount of gifts that the woman should return, if it becomes obvious that the two cannot live a peaceful life together and yet the man is not willing to divorce her at the cost of losing all (or most of) his possessions. The wife may, in such a situation, agree to return a mutually agreed upon part of these gifts and, thereby, free herself from the marriage. The Qur'an says: And it is not lawful for you [men] to take back anything from what you [may] have given them, except if the two of them fear that they shall not be able to abide by the limits set by God [and yet the man is not prepared to divorce her at the cost of losing all his possessions. In such a situation, the matter should be brought before the court]. Then if you [i.e. the court] fear that [living together,] they shall actually not be able to abide by the limits set by God, there is no blame on the two of them, if she relieves herself [by returning any part or whole of these gifts]. ( Al-Baqarah 2: 229) These are the only two exceptional circumstances under which a man is allowed to ask his divorced wife for (or accept from her) the return of any gifts that he may have given her, during their marriage. September 12, 2000 [1] That is, a large quantity. [2] The words " Faahishatun Mubayyinatun " (lit: open and clear lewdness) has generally been used in the Qur'an to refer to fornication or adultery. Answer published by Moiz Amjad

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