FatwaFederal TerritoriesInheritance, Wills & Gifts
AL-KAFI #924: HIBAHKAN RUMAH KEPADA ISTERI, KEMUDIAN INGIN MENARIK SEMULA
Can a husband withdraw a gift of a house already given to his wife because he wants to sell it?
Short answer
A gift is complete once the item is taken into possession, and for large items such as houses, land and vehicles this requires a transfer of ownership.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A gift is complete once the item is taken into possession, and for large items such as houses, land and vehicles this requires a transfer of ownership. If the house has already been transferred to the wife's name, the gift cannot be taken back, and the hadith likens retracting a gift to one who returns to his vomit. The fatwa also states that a gift between spouses may not be reclaimed. If there was only a verbal statement without any transfer, it is not yet counted as a completed gift.
Written in our own words from the original fatwa — check the source before acting on it.
Sebagai kesimpulan, dalam isu di atas, sekiranya telah berlaku proses pindah milik, maka tidak boleh diambil semula.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #924: HIBAHKAN RUMAH KEPADA ISTERI, KEMUDIAN INGIN MENARIK SEMULA”, 26 November 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2809-al-kafi-924-hibahkan-rumah-kepada-isteri-kemudian-ingin-menarik-semula. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/withdraw-house-gift-given-to-wife/