العدول عن الخطبة و أثره في استرداد الهدايا و المهر : دراسة مقارنة بين الشريعة و القانون

Abstract EN

An engagement, if its necessary conditions are satisfied, will be valid after obtaining the approval of the fiancee or her father.

In such a case she will be facing tuo assumption.

The first assumption is that the engagement continues to achieve its end represented by con cluding the marriage contract for which the engagement paves the way, in which case the engagement does not raise any preblem sinee it accomplishes the goal of completing the desired marriage contract.

The secend assumption is that given the sanctity of engagement as a preliminary step towards marriage, it unites teuo persons differing in their biological compositions and perhaps in character and morls.

Such a difference may result in inability of the parties to engagement to continue, In that one party or both may turn away from the engagement by the will of one party or both, which raises anumber of inquiries relatiog to the permissibiliy and right fulness of each.