Impact of Breaking Up on Tradition and Law

The article addresses the regulation of legal relationships during the betrothal period according to Sharia and Arab laws, with a focus on rights and obligations in case of termination. It clarifies that engagement is considered a non-binding promise, and it does not entail the legal effects of a marriage contract, such as maintenance or obedience. Both parties have the right to annul the engagement at any time. Regarding gifts and the "mahr" (dowry) upon termination, the ruling of gift transfer applies; if the engagement is broken off by the groom, he has no right to recover consumed gifts but can reclaim the mahr because it is part of the dowry. Conversely, if the bride terminates the engagement, she is obliged to return the mahr and unconsumed gifts, with the exception of consumed gifts such as food and clothing, which are legally non-refundable. Judicial rulings confirm that the mahr is considered an advanced part of the dowry and must be returned upon termination, as it is linked to an unfulfilled marriage. Regarding compensation, termination without a valid reason on the eve of the wedding or arbitrarily causing moral harm allows the court to determine damages for significant harm, including the costs of preparations and actual expenses paid. It is also noted that the death of one party is treated according to the rules of rescinding the promise, entitling heirs to the mahr and the return of gifts if the marriage did not take place. Ultimately, the law regulates the handling of gifts, mahr, and compensation to ensure the rights of all parties and maintain social stability during the betrothal period.

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