Permissibility of breaking off an engagement by either party if the public interest requires it
Machine translationRead the Arabic original
Fatwa number ( 18383 )
Q: A question that confuses me and keeps me in constant anxiety, and I am afraid of
the anger and wrath of Allah. Our honorable shaykhs, I am a young Algerian woman living in western Algeria. A young man who works in the ranks of the national army proposed to me, and this was five years ago. Allah willed that fate separate us, and I am still engaged to him to this day. The problem is that I am confused about the process of breaking off the engagement; because he promised me that he would break it off when he returned to our town on leave, and two years have passed and he has not taken the initiative to do so. Therefore, I decided to break off the engagement without his presence, and not even any of his family members wants to intervene in our case. What is required from your eminence is to light the way for me to get rid of this problem so that I may be free to choose any young man who wants to marry me. All I want from this matter is for my intention to be pure to please Allah (Mighty and Majestic). So please advise me, may Allah reward you, with a solution to my problem according to the Sunnah of Allah and His Messenger. End of question, and thank you.
A: A mere engagement between a man and a woman does not result in a marriage contract. Therefore, both the man and the woman have the right to withdraw from the engagement if they see that the public interest lies in doing so, whether the other party agrees or not. However, if the marriage contract has already been concluded between you, you can refer to the court in your area, which, if Allah wills, will do what is required by the Shari'ah. May Allah make your affairs easy and the affairs of every Muslim easy.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A question that confuses me and keeps me in constant anxiety, and I am afraid of
the anger and wrath of Allah. Our honorable shaykhs, I am a young Algerian woman living in western Algeria. A young man who works in the ranks of the national army proposed to me, and this was five years ago. Allah willed that fate separate us, and I am still engaged to him to this day. The problem is that I am confused about the process of breaking off the engagement; because he promised me that he would break it off when he returned to our town on leave, and two years have passed and he has not taken the initiative to do so. Therefore, I decided to break off the engagement without his presence, and not even any of his family members wants to intervene in our case. What is required from your eminence is to light the way for me to get rid of this problem so that I may be free to choose any young man who wants to marry me. All I want from this matter is for my intention to be pure to please Allah (Mighty and Majestic). So please advise me, may Allah reward you, with a solution to my problem according to the Sunnah of Allah and His Messenger. End of question, and thank you.
A: A mere engagement between a man and a woman does not result in a marriage contract. Therefore, both the man and the woman have the right to withdraw from the engagement if they see that the public interest lies in doing so, whether the other party agrees or not. However, if the marriage contract has already been concluded between you, you can refer to the court in your area, which, if Allah wills, will do what is required by the Shari'ah. May Allah make your affairs easy and the affairs of every Muslim easy.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.