Article 4 of the Saudi Personal Status Law

This article regulates what happens to engagement gifts when the engagement ends, after Article 3 provided that what the engaged couple give each other during the engagement is considered a gift unless it is part of the dowry (mahr).

First: if one party withdraws for a reason attributable to him or her

• The party who withdrew may not take back the gift he or she gave.
• The other party may recover the gift he or she gave: in kind if it still exists, otherwise its equivalent, or its value on the day it was received.
• Recovery does not include a gift that is consumed by its nature.

Second: if the engagement ends by death or for a reason that neither party has a hand in

In this case, and in all cases, nothing is recovered of the gifts, so neither party nor his or her heirs may claim them.

The basic criterion is therefore: who caused the withdrawal? The person who caused the engagement to end loses what he gave, and the other party recovers his or her gifts.

This ruling differs from the ruling on what was handed over as dowry, which Article 5 regulates with special provisions. Because determining the cause of withdrawal may be disputed between the parties, it is advisable in a dispute to consult a lawyer specializing in personal status.