العدول عن الخطبة وأثره على حقوق الخاطبين: دراسة مقارنة في الفقه الإسلامي وقوانين الأحوال الشخصية العربية

Abstract EN

The engagement is a necessary introduction to the marriage contract, and that according to the origin it is a delegate, and not a necessary contract, rather it is just a "mutual promise to conclude a marriage in the future in a way that can be returned".

The engagement does not result in any of the effects of marriage, so the suitor is not obligated to pay money to his fiancée, neither as a dowry nor as an alimony.

Each of the suitors has the right to abstain from the engagement.

Without requiring the just from them to mention a justified remission, and unjustified withdrawal is disliked due to the violation of the promise and the reversal of the saying.

Engagement is disliked for engagement if the two suitors are close and the same, as it is permissible for the fiancée to be engaged to an evildoer in order to achieve her interest.

Because in her engagement she gets rid of his debauchery.

And because the non-immoral knows her about things, and the marriage contract preceded by an unlawful engagement with sin is valid.

Because the defect did not compare nodes.

In the event that the engagement is abandoned, the dowry must be returned in whole or in part if it is standing or its value if it perished or consumed, and the same is the net, and as for the gifts, the one who moderates from them loses his gifts and must return the gifts of the other, and does not retract the gifts if the engagement ends in death or because of a reason that prevents Consummation of marriage.

If the dissolution of the engagement results in material or moral damage, the injured may be compensated for the damage if it is necessary.

If the concerned parties agree to end the engagement, then it is likely that the agreement will include a treatment of the financial consequences of the recusal, and if the agreement does not include a settlement of the financial aspects between the suitors, the previous rules are applied regarding the return of the dowry, the network, gifts, and alimony.

If one of the suitors is an apostate, or one of them is apostate, or both of them are apostate, the sermon is broken; Because the apostate does not marry; He does not deliver a sermon, because the occurrence of apostasy before intercourse annulls the contract.

Sermon is first.

The engagement is annulled by the marriage of the fiancé for the one who is forbidden to combine it with the fiancée: as if he performed the marriage contract with the fiancée's sister, her aunt, her maternal aunt, or her daughter, then it is considered a refusal to engage.

The engagement shall be annulled if the fiancé commits adultery with the mother of the fiancée or her daughter, according to those who see that the prohibition of marriage with adultery is proven.

For precaution in symptoms and lineages.