ISLAMABAD (HRNW) –During a court hearing today, Justice Mohsin issued significant remarks regarding the legal and moral status of gifts given to a spouse, stating that a gift once given to a wife cannot be reclaimed by the husband.
The court used a traditional idiom to describe the act of taking back a gift, likening it to “licking up one’s own spit,” emphasizing that such a practice has no place in social traditions or legal norms. Justice Mohsin further clarified that Islam does not permit the withdrawal of a gift once it has been voluntarily given.
Key Judicial Observations
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Good Faith: The court noted that matters of giving and receiving gifts should be rooted in sincerity and the spirit of kindness (Ihsaan).
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Ethical and Shariah Standpoint: Justice Mohsin maintained that attempting to take back a gift is both Shariah-wise and morally incorrect.
The remarks underscore the finality of a gift (Hiba) within the framework of matrimonial property rights and Islamic jurisprudence.
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