Provisions of recourse in the grant in accordance with Kuwaiti law.
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Many people raise questions about whether or not to return the gift in Kuwaiti law, and of course it is permissible to return the gift through mutual consent between the two parties, the donor and the gifted one.
The basic principle is that it is not permissible to return the gift, but an exception to this principle is permissible to revoke the gift, subject to two conditions:
The first condition: that the donor bases the return on the donation on an acceptable excuse, and among the excuses that are considered acceptable:
For the donor to violate what he owes towards the donor is a breach that is considered ungratefulness on his part.
Since the gift is a donation from the donor to the one who is gifted to him, the reward that awaits him from the first from the second is recognition of the beauty. If the gifted person denies him, the beautiful donor is not entitled to the gift, and the donor is excused if he wants to return it.
Among the actions that deny the gifted person is to infringe on the life of the donor or the life of one of his relatives, and it is not required that the offense be a crime punishable by the criminal law.
It remains for the judge of the matter to examine whether the work that was issued by the gifted was considered a grave offense to the donor or one of his relatives or disbelief.
One of the acceptable excuses to return to the gift is that the donor, after the donation, for any reason, becomes unable to provide for himself the means of subsistence in accordance with his social position.
It is not necessary for the donor to become poor, so it is sufficient for the donor to become unable to provide for himself or to become unable to meet the alimony of the wife, children and relatives of whom he is obligated to spend.
If the donor falls into financial distress, this is an acceptable excuse that permits the return of the gift.
The assessment is subject to whether the financial distress the donor fell into suffices an excuse to refer the donation to the trial judge.
That the donor, after the donation, have a son who remains alive until the time of return.
Here, the donor at the time of the gift does not have a son, whether male or female, and in this case the preference of the gifted donor over the rest of his heirs.
This situation is similar, as if the donor thinks at the time of the gift that he has a son and has died. In these two cases, this is an acceptable excuse to return to the gift because the motive for the gift has disappeared. To present the judge with that excuse and request the annulment of the gift.
Here, the donation is not considered canceled on its own. Rather, the matter must be submitted to the judge to decide the annulment of the gift.
The second condition: that permission is issued from the judiciary to return, so it is permissible to obtain a request from the judge to return in the donation if the judge believes that the request for recourse in the donation is justified.
It is prohibited to recourse to the gift in the following cases:
If the gift is from the mother and her child is an orphan, whether the orphan took place before or after the gift: -
This gift is the purpose of the giver, including the link of kinship according to the hadith of the Messenger, may God bless him and grant him peace: “If the gift is the one who has the mercy of a forbidden one, he does not return it.”
If the gift is from one of the spouses as long as the marriage is valid: -
In this case, it is not permissible for the donor to return the gift without the consent of the gifted to him. In this case, the gift is documenting the marriage relationship between the spouses with the gift. In order for one of the spouses to not be able to return the gift, the gift must be issued and the marital relationship still exists.
But if the gift is made at the time of engagement or divorce, the donor can return what he gave.
If the donor or the gifted one dies:
With the death of one of the contracting parties, it is not permissible to return to the gift. If the donor dies, he refuses to have his heirs return in the gift, because the return of the gift is only the right of the donor, as he alone can assess the right of recourse in the gift and this right does not transfer to his heirs.
And if the gifted one dies and the gifted thing is transferred to his heirs, it is not permissible in this case for the donor to return the gift because the right of the heirs over the gifted has been proven by inheritance.
If the gifted person disposes of the gifted in a manner that takes him away from his possession, as if he sold it or donated it to others.
If the gifted person disposes of the thing gifted to him, then his ownership is removed from him for any reason such as sale or gift to others or endowment, then here the grantor is denied the right to return in the gift. In this case, the thing given to him came out of his possession and the possession of the gifted to him, and in this case protection for the other to whom the gift was transferred.
But if the disposition is not final, by selling the gifted item to him, and the sale contract is terminated, for example, the donor has the right of recourse.
If there was a change in the gifted person or an increase in it that would increase his value: -
If the increase is generated from the thing gifted to him, such as a plantation, a plant, or a planting, the donor cannot return in his gift, because he who owns something owns, so the continuous increase generated is the exclusive property of the gifted to him. Prevents the donor from the right of return.
Because in this case he can return to the origin of the thing gifted without harm to the thing gifted to him.
If a third party deals with the gift given to him, taking into consideration that the gift is to be made such as selling him for a deferred price, given what he has of the thing gifted to him: -
For example, if the gifted person buys something from a company for a deferred price, and in this case the seller takes into consideration the thing gifted to him to the buyer, as here is protection for others and the stability of the situation prevents the donor from returning to the gift.
If the donor or the gifted person becomes ill with a disease with which he fears death: -
In this case, the giver or the gifted cannot return his gift. The disease of death is the one in which perdition prevails and the patient is unable to see and manage his interests. The reason for restricting the disposition issued in death sickness is that this behavior is considered to be added to the post-mortem according to Article 519 of the Civil Code.
If the gift is for a charitable purpose: -
In this case, it is not permissible for the donor to return to the gift except by mutual consent, because his purpose of the gift is to obtain the reward and it has been achieved as soon as the gift is issued.
For example, if the donor gives money to a charity to build a mosque or hospital, in this case the donor is not allowed to return his donation.
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