“Personal Status” determines the controls for the gift response in the event of a release of the sermon

During the past years, the corridors of the courts have witnessed a number of cases related to disputes over the recovery of mutual gifts between the engagement during the engagement period, as some men initiate a variety of gifts and valuable for those who plan to link and marry them, as an expression of love and affection towards the other party, but these positions and feelings may change with the outbreak of differences and the lack of completion of the marriage ceremony, as some demand some of the provisions Gifts, especially when their financial value is large.

In order to ensure the disputes, the Federal Law of the New Personal Status, which began to work last April, set tight controls for cases where gifts are returned, including those that increase the value of each of them over 25 thousand dirhams, as well as cases where gifts are not permanently returned, such as death.

In detail, the reasons for the cases of the state courts revealed that the husbands incur large sums of money and gifts presented to girls during the engagement period, demanding their response, and included jewelry, gold, money, precious hours, and others.

In a case of a state court, a young man filed a lawsuit against five people, in which he demanded that they return money to him, they obtained for a promise to marry a beautiful girl, which was found to be divorced, and she has a fraud precedents with people after they were deluded by her desire to marry them, asking them to compel their money in kind, represented in gold, perfumes, shoes and clothes estimated at more than half a million dirhams.

In a second case, the court obliged a woman to return 150 thousand dirhams, in addition to the presenter of her dowry, after she filed a lawsuit to divorce her after her marriage contract, and before the completion of the marriage ceremony and the move to the marital home.

The details of the case are due to the woman filed a lawsuit in which she sought the ruling to divorce her, because her husband is delaying the completion of the marriage, while the husband filed an interview against her, seeking the ruling to him to compel his wife to complete the marriage ceremony, move to the marital home, and reserve, and if she does not want it, the dowry returned and “the essence” and the payment of expenses that incurred it.

In a third case, a young man demanded that a woman love her to return about 700,000 dirhams paid her in the form of gifts and sums of money, in the hope of implementing her promise to officially engage her, and marry him, but she continued from her promises, which led him to file a lawsuit.

For his part, the new personal law law defined the sermon, as it asked the man to marry a woman who resolves him and promised him, and the sermon is not a marriage, while he confirmed the right to refrain from the sermon, and that each of the fiancé or the fiancée is to abandon the sermon.

He explained that the gifts during the sermon period are all that the suitor or fiancée offers to the other side during the sermon period is a gift, unless the suitor proves that what he presented is a dowry or the custom is made as a dowry.

In its article (14), the law specified the controls for the recovery of gifts, as he mentioned that “if the two parties or one of them changed from the sermon, only the conditional gifts will be recovered by completing the marriage, and valuable gifts that exceed the value of each of them over 25 thousand dirhams, if they exist, otherwise, or their value on the day of its arrest, unless the gift is consumed by its nature.”

He stated that “if the sermon ends with death, or because of the hand of one of the two parties, then nothing of the gifts will be recovered.”

Regarding the recovery of the dowry submitted during the sermon period, the law affirmed that “if any of the suitor or fiancée amended the conclusion of the marriage contract or died before the contract, and the suitor had handed over to his engagement before the contract with money that he is from the dowry, the suitor or his heirs are entitled to return what he was handed over if he was standing, otherwise he is like him, or his value on the day of the arrest.”

And if the fiancée bought the dowry or some of it is a device for the benefit of marriage, according to what was done by the custom, and the enemy from the suitor has no reason before it, or the counting of it is a reason from the suitor, then it has the choice between returning the dowry or handing over what she bought in his condition, unless there is an agreement that requires otherwise.

If the fiancée is bought in the dowry or some of it in the interest of marriage, according to what was done by the custom, and the justice is from it and without a reason from the suitor, then the fiancée is obligated to return the dowry, otherwise it is like it, or its value on the day of the arrest.

• A young man who sues people who obtained money from him, for a promise to marry a beautiful girl, and it turned out that she had fraud.

• A bride requests divorce before the completion of the marriage ceremony and the transfer to the marital home .. The court obliges it to return 150 thousand dirhams.