Gift Constraints between Spouses )A Comparative Study(

  • Ahmed Burhan El Din Abdel Rahman Faculty of Law , Tikrit University , Saladdin, Iraq

Abstract

Gift is one of the humanitarian donations and actions based on compassion, brotherhood, righteousness and charity. It takes place without return, and it is one of the contracts that transfer ownership, so the gift contract is concluded by the convergence of two free wills, and this  is called the offer and acceptance. It is held by their correct congruence, and thus the will appears from hiding to public. In order for the gift to be valid, its pillars and conditions must be met, and then the donor has the right to return it in certain cases, and this is what concerns the gift in general. As for the gift between spouses, it has a particular specificity and details that are divergent in jurisprudence and law. Its constraints at the period of engagement differ from the constrains after marriage

Published
Feb 27, 2021
How to Cite
ABDEL RAHMAN, Ahmed Burhan El Din. Gift Constraints between Spouses )A Comparative Study(. ISLAMIC SCIENCES JOURNAL, [S.l.], v. 12, n. 1, p. 159-183, feb. 2021. ISSN 2073-1159. Available at: <https://jis.tu.edu.iq/index.php/islam/article/view/393>. Date accessed: 26 may 2022. doi: http://dx.doi.org/10.25130/islam.v12i1.393.