The Ruling on Breaking Off an Engagement and Compensating the Fiancée
Machine translationRead the Arabic original
Question:
This questioner says that he proposed to a young woman and remained in this engagement for a period of ten months, but he did not give her any gold or anything else. He now wants to break off this engagement. Is he allowed to do so? Does he commit a sin? And is he required to compensate this young woman for the duration of her engagement with him? Please inform us, may Allah reward you.
Answer:
If the marriage contract has been completed and he wants to divorce her before consummation, there is no harm in that. If he gave her something, she is entitled to half of it. If he gave her something from the mahr (bridal gift), she is entitled to half of it, as Allah the Exalted said:[Al-Baqarah 2:237] So if he divorces her after the contract and before consummation, and he had given her a mahr, then she is entitled to half of the mahr he gave her. And if he leaves it all for her, or if she leaves it all for him, that is better. However, if he did not specify anything for her and did not give her anything, and he contracted the marriage with her, then it is obligatory for him to give her a gift (mut'ah) by giving her some clothing and some money. He gives her some clothing and gives her some money. Allah the Exalted said: [Al-Baqarah 2:237] This applies to the one who was given a mahr. As for the one who is divorced before consummation and no mahr was specified for her, she is entitled to the gift (mut'ah) by receiving some money and some clothing. Allah the Exalted said: "And give them their gifts" [Al-Baqarah 2:236].
As for the case where the intention is that he did not contract the marriage with her, but only proposed to her in a mere engagement, and she accepted, and he did not contract the marriage with her, and then he turned away from her, there is no blame on him for that, and nothing is obligatory for him toward her. And if he gives her something to please her and to make amends, that is recommended, but it is not obligatory according to the majority of scholars. Yes.
This questioner says that he proposed to a young woman and remained in this engagement for a period of ten months, but he did not give her any gold or anything else. He now wants to break off this engagement. Is he allowed to do so? Does he commit a sin? And is he required to compensate this young woman for the duration of her engagement with him? Please inform us, may Allah reward you.
Answer:
If the marriage contract has been completed and he wants to divorce her before consummation, there is no harm in that. If he gave her something, she is entitled to half of it. If he gave her something from the mahr (bridal gift), she is entitled to half of it, as Allah the Exalted said:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِAnd if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْThere is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.
لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَAs for the case where the intention is that he did not contract the marriage with her, but only proposed to her in a mere engagement, and she accepted, and he did not contract the marriage with her, and then he turned away from her, there is no blame on him for that, and nothing is obligatory for him toward her. And if he gives her something to please her and to make amends, that is recommended, but it is not obligatory according to the majority of scholars. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، شاب خطب فتاة مدة عشرة أشهر فهل ليجو له فسخ الخطوبة الآن وماذا يجب عليه تجاه تلك الفتاة؟ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.