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Document Type

Original Study

Abstract

Returning in the gift is a right recognized by Islamic law and civil law, a right that contradicts the general rules of contract theory ،It is an exception to this general origin, which stipulates that the contract may not be dissolved or revoked except by mutual consent or by text, but it is an exception decided by Islamic law with clear provisions and stipulated by civil law according to special restrictions ،The principle of the basis for reference is the principle of justice that the donor is not harmed by his gift.The doctrines of Islamic jurisprudence differed among themselves about many provisions of recourse in the gift, as civil laws varied and aspects of legal jurisprudence were divided as well ،But in general, both the front and the faucets allow the return in the gift if the barrier rises, as is the case in both the Iraqi and Egyptian civil law ،However, the legal legislator stipulated, in addition to the barriers he derived from Islamic jurisprudence, that the acceptable reason be available for the donor to be judged by reference, if no return is satisfied ،These reasons were derived from civil laws from

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