Engagement (betrothal)

1- Its definition: It is the fact of asking for a particular woman’s hand. This woman must be free from any eternal or temporary obstacles.

2- The criteria of the engaged woman:

a) She should profess a religion: the prophet -may Peace be upon him said: «woman is married for four reasons: for her money, her noble descent, her beauty, and her religion. So, marry the one that belongs to religion you will be safe».

b) She should be able to bring forth: The prophet -may Peace be upon him said: «marry the affectionate women and the ones who are able to give birth to children, because may nation would grow by you».

What can be said about the woman can also be said about the man. In this context, the prophet -may Peace be upon him said: «If you are asked in marriage by a person, and you are pleased with his religion and character, so marry him, otherwise it will be a riot on the earth and a great disturbance».

3- The obstacles of the engagement:

a) To be engaged to another man. The prophet interdicted this, he said: «You should not ask an engaged woman in marriage, until she is married or abandoned» [Reported by Muslim].

Engagement is based on request and approval.

b) To be temporarily or eternally forbidden. For example, it is not allowable to be engaged to one's mother or sister, because of their forbiddance. « and do not marry the women who your fathers have married, except what has already passed (before Islam)…» ]Sûrat An- Nisâ/the women, 22[.

The retreated woman is temporarily forbidden until the end of her legal period (Idda).

4- Renunciation of the engagement and its impacts:

The renunciation of betrothal is permissible for man and woman when there is legal reason, and it is disliked when there is no legal reason, because it opposes the fulfillment of the pledge. God the Great commanded us to keep and respect it.

In this respect, He says: « O you who believe! Fulfill the pledges… » ]sûrat Al Mâ'idah/the table spread, 1. [

The impacts of this renunciation:

a) Concerning the dowry:  the dowry should be given back to the man either the renunciation is from his part or from the woman, because it is related to the marriage not to the engagement.

b) Concerning the gifts (presents): If the renunciation is from the part of the woman, she has to give back the gifts. In case it is from the man, she keeps them.

c) Concerning detriments (damage): The renunciation itself is detriment, especially when there is no legal reason, because it injures and harms the other's feelings.

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