Islamic legal status of engagement

1. Islamic legal status of engagement

2. Engagement is only a word promise and holds no legal rights and responsibilities. • 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.

3. Piety 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.

4. What if s/he needed to break the engagement? • 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.

5. What happens of engagement is broken? • 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

6. Some compensations based on some opinions

7. What he paid as in dowry • 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.

8. Engagement gifts • (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 Hanbalido 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) Ibntaymiya 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.

9. Compensation for harm • 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

10. The opinion that compensation for: financial and psychological harms • 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. • الشيخ عبد الرحمن الصابوني did not differentiate between the man and the women. In case of a court order for breaking the engagement, there is no return on anything.

11. What are the considerable harms, which one has the right to request compensation for? • (opinion 1) Anything that harms the honor, manners, reputation, or financial harm to any of the two parties. • (opinion 2) أبو زهرة only considered financial harm

12. advice • 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.

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