Islamic legal status of

engagement

Therefore, make sure you have your rights and responsibilities in place, so don’t build your dreams on air. And don’t loose your rights by misunderstanding your legal rights.

Engagement is only a word promise and

holds no legal rights and responsibilities.

A Muslim is required to fulfill his word promise. The prophet peace be upon him said: the

signs of hypocrite are: if he speaks, he lies. If he is trusted, he betrays. If he promises, he breaks them.

Breaking a promise is a sin in Islam, as clarified in Quran and Sunnah.

Piety responsibilities

If there was no good reason to break the

engagement, then they will be sinned for doing so.

If there was a good reason, such as discovering something which the other party was supposed to reveal.

Relationship didn’t work out.

What if s/he needed to break the

engagement?

Islamically, engagement is a word promise,

therefore, there is no official contract to prove any rights of responsibilities in this life.

There is no compensation given for breaking this engagement.

Yet, some modern scholars did discuss certain compensations, depending on: What he paid as in dowry Gifts Compensation for harm

What happens of engagement is

broken?

Some compensations based on some

opinions

Although there is no dowry for engagement, but some

may anticipate things, and pay on behalf of dowry some goods.

ALL goods paid as dowry, is to be returned: If it exists, it must be returned whether cash or the goods

itself. If it has been consumed, its value must be returned.

Whether the breaking of the engagement was his or her fault no difference in this situation.

The reason why, everything paid on behalf of dowry is returned, is because dowry is only to be paid where there is an official marriage contract, not a word promise.

What he paid as in dowry

(OPINION 1) Most scholars consider gifts as voluntary giving, therefore, going back

on gifts is harram. Gifts are not for a compensation to something, but voluntary to get closer to

someone. If you had given someone a gift, going back on it, is not Islamic, and is not good

manners. The prophet peace be upon him said: the one that goes back on his gift, is like a dog

licking his vomit”

(OPINION 2) some scholars as Hanbali do consider that the engagement gifts were only given to encourage or on behalf of a contract. Therefore, not voluntary gift, but a compensation. And permitted that one goes back on engagement gifts.

(OPINION 3) Ibn taymiya considered, that there is not such things as an engagement gift, its all on behalf of dowry, therefore, must be returned in itself, or value.

( OPINION 4)other scholars do say that if the gifts were exchanged, and they got married to someone else. They have the right to get their gifts back.

Engagement gifts

Muslim scholars did not discuss this matter,

since it’s a verbal promise. Some modern Muslim scholars, based on

Ijtihad and due to many cases and people’s bad manners did discuss certain compensation for: Financial harm Psychological harm

Compensation for harm

Considers three conditions:

Breaking was not the women’s fault That the harm is proven to take place psychologically or

financially, and not sexual desire. That the man is determined to want to move forward,

and the rejection is the women’s side. الصابوني الرحمن عبد did not differentiate between the الشيخ

man and the women. In case of a court order for breaking the engagement, there is no return on anything.

The opinion that compensation for:

financial and psychological harms

(opinion 1) Anything that harms the honor, manners, reputation, or financial harm to any of the two parties.

(opinion 2) زهرة only considered financial أبوharm

What are the considerable harms, which one has the

right to request compensation for?

Engagement is a word promise, don’t lose your rights. Don’t rush things in life, give it time, if its meant for you

its yours. Everyone will take their رزق, so don’t rush it. Make sure, you don’t act until you have an official

document that preserves your right. Women are the biggest victims here, so wait till you

have an official document. Have your parents be your emotional velocity controller.

You don’t watch yourself getting too emotional about something, listen to considerable, wise, Muslim friends that understand your life from the Islamic perspective.

advice

power of attorney

توكيل A man may put a power of attorney to act on his behalf

for the proposal, but he may not see the women on his behalf.

He may approach the women herself, or her guardians. When Umm Salamah’s waiting period had ended, the

prophet peace be upon him sent Abu Baker to propose her on his behalf, but rejected. So, he sent Omar to ask for her hand on his behalf, and she accepted. النسائي سنن

In sahih Muslim and النسائي when Zaynab’s waiting period ended, he said to Zayd, go and mention me to her.