| المستخلص: |
This research consists of two chapters. The first part addresses the ruling on returning gifts in Islamic law and it covers a number of sections: The first section covers the definition of gifts, their rulings and pillars. The second section addresses the statements of scholars regarding their return according to the four schools of Islamic law and other schools. The third section covers the evidences used by the majority: the Malikis, the Shafis and the Hanbalis. The fourth section addresses the evidence used by the Hanafi school of law and the response of the majority to their contentions and the clarification that the majorities) opinion is the better of the two. The fifth section addresses those things which the four schools of Islamc law and the literalist school considered as inhibitors to returning gifts. The six section addresses different issues related to returning gifts: the grandfather returning gifts as well as the mother and the ruling that allows the mother and other family member to be included in this issue. Finally, it addresses some debated issues between the majority and the Hanafi scholars. The Second chapter discusses gifts in the light of Egyptian law and consists of the following sections: The first section addresses returning gifts under Egyptian law, addressing two points: returning gifts with mutual approval. The next section addresses, returned gifts by seeking a judicial order. The second section discusses the effects of returned gifts, covering tow points: its effects on two contracted parties. Secondly, its affect on others outside of the contract. This research contends that the best opinion is that of the majority of scholars: the Malikis, the Shafis and the Hanbalis who state that it is not allowed to return gifts save those from the parents from their children. However, what is chosen as the opinion given for legal verdicts is that of the Hanafis which leaves returning gifts open unless there is something to prohibit it. And this is the opinion adopted by Egyptian Law and her courts.
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