💍 Khitbah & pertunangan · #7
When an engagement is broken off, must the ring and gifts be returned?
Scholars differ; in Malaysia it also depends on who broke the promise and the Syariah Court's decision.
Rings and hantaran items given during the engagement are considered gifts, not mahr. In law, Act 303 and the state Enactments provide that a party who breaks an engagement without a valid reason may be ordered to return the engagement gifts (or their value) and pay expenses incurred in good faith in preparing for the marriage. If there is a dispute, try to negotiate amicably through representatives of both families before going to court. Any mahr already paid must be returned in full because the contract has not taken place. See khitbah (proposal).
Rings and hantaran items given during the engagement are considered gifts, not mahr. In law, Act 303 and the state Enactments provide that a party who breaks an engagement without a valid reason may be ordered to return the engagement gifts (or their value) and pay expenses incurred in good faith in preparing for the marriage. If there is a dispute, try to negotiate amicably through representatives of both families before going to court. Any mahr already paid must be returned in full because the contract has not taken place. See khitbah (proposal).
Difference among the schools. Hanafi: gifts can be reclaimed if the items still exist. Maliki: if the man breaks it off he cannot reclaim them; if the woman's side breaks it off the gifts are returned, unless there is a custom ('urf) or other condition. Within the Shafi'i school there is a view that gifts given because of the marriage can be reclaimed.
Sumber
Act 303, s.15