Ibn `Umar (may Allah be pleased with him) narrated: The Messenger of Allah (peace be upon him) said: "Do not urge somebody to return what he has already bought (i.e. in optional sale) from another seller so as to sell him your own goods, nor should one demand the hand of a girl who has already been engaged to someone else before her fiancé breaks up with her or gives him permission (because he has the intention to break up with her)." (1)
This forbiddance means prohibition according to the general scholars' opinions. So, whoever does that and the family of the girl accepts, his marriage shall be valid but he will be sinful because he violates the right of her first fiancé. (2)
As for his saying: (until the first fiancé breaks up with her), it means that the prohibition takes place if the fiancée or her guardian declares approval. However, if they refused the first fiancé or he breaks up the betrothal, the betrothal of the second fiancé will not be prohibited. Likewise, it is not prohibited for the second fiancé to ask a girl’s hand if he does not know about her betrothal or the first fiancé gives him permission (3).
Breaking up the betrothal:
Betrothal is a promise of marriage and not a binding contract upon which rights are built. So, if one of them breaks up the betrothal for an excuse or some purpose, he may do so. However, if there is no excuse or purpose, it will be reprehensible because it is breaking of a promise. It will not be prohibited because the right has not been binding upon them yet (4).
The ruling on the gifts that a fiancé gives during the betrothal period:
- Mahr (mandatory gift to a bride from her groom): If a fiancé gives Mahr to his fiancée, he has the right to take it back because Mahr becomes obligatory with the purpose of marriage and marriage was cancelled, therefore a fiancé has the right to take it back.
- Gifts: Scholars have differed regarding gifts according to the following views:
First: The Hanafi school of Fiqh said: Gifts should be returned if their conditions have not yet changed, such as bracelets, rings ...etc. However, if their conditions have changed by loss, selling, eating, or sewing, they will not be returned.
Second: The Maliki school of Fiqh said: If the break up was from the side of a fiancé, nothing of the gifts should be returned to him except Mahr. However, if the break up was from the side of a fiancée, she has to return everything she has taken. If both want to break up, nothing will be returned, but if they decided to return the gifts after they have been vanished or destroyed, they should estimate the value of these gifts on the day of purchase and return the value.
Third: The Shafi`i school of Fiqh said: He may take back what he gave because those gifts were for a purpose which was marriage which did not take place, so he may take back what he offered; and that was the view of Ibn Al Qayyim (may Allah bestow mercy on his soul).
Fourth: The Hanbali school of Fiqh said: It is not permissible for a fiancé to take back his gifts because they are endowments and endowments cannot be returned.
The view which we adopt is the view of the Maliki's because breaking up betrothal contains harm to a fiancée if the breaking up was from the side of a fiancée. Likewise the harm will inflict a fiancée if the break up was from the side of a fiancé unless one of them has a justified and acceptable excuse. As for giving the gifts the same ruling of endowments, this is not acceptable because gifts are different from endowments where gifts are given for something but the endowments are not. Allah knows the best! (5).
----------------------------------------
(1) Reported by Al Bukhari, book of marriage, chapter of a person should not ask the hand of someone's fiancée 5142/ 9/198 with the commentary of Fathul-Bary, and Muslim, book of marriage, chapter on the prohibition of asking the hand of someone's fiancée 9/197 with the commentary of An-Nawawy.
(2) See Fathul-Bary 9/199 and the commentary of An-Nawawy to Sahih Muslim 9/197.
(3) See previous reference and Subul As-Salam 3/243 and the footnotes of Ar-Rawd Al Murbi` 6/242.
(4) See: Al Mughny 7/111 in which he gave the ruling of "the one who raised the price of a commodity then refused to sell it" to this issue.
(5) This is the view of the Egyptian law, see the system of family in Islam by Dr. Muhammad `Uqlah 1/233 who ascribed it to the book of personal status of Al Bardisy, p. 11.
 

Comments  

#8 cheap viagra without a script texKrfhentex 9 Shawwal 1439 AH
buy levitra 20mg viagra in canada without prescriptioncost of viagra without insurancebuy viagra online without a credit card
cheap viagra without subscriptionviagra without a presinstant viagrawithoutprescription buy cialis no prescription
best price on viagra without rxbuy viagra without scripviagra without a prescription buy cialis without prescription: http://ryangikas.com/#Buy-Cialis-Without-Prescription
viagra without presciptionbest viagra without. prescriptionbuy viagra without prescription http://cottagegroveresources.com/#levitra-20mg
Quote
#7 buy viagra without credit card texKrfhentex 8 Shawwal 1439 AH
buycialis with out a prescription viagra without a doctors approvalcheap viagra without a prescriptionbuy viagra without rx
online prescription viagra withoutmail order viagra without prescriptionphiser viagra without perscription buy cialis no prescription
online viagra without a prescriptuonbuy viagra without email addressviagra without prescriptions uk cheap levitra 20mg: http://cottagegroveresources.com/#Buy-Levitra
viagra prescription withoutgeneric viagra without prescriptionviagra without prescriptions uk http://ryangikas.com/#buy-cialis-online
Quote
#6 viagra without a pres texKrfhentex 7 Shawwal 1439 AH
cheap levitra 20mg free viagra samples without purchasebuy viagra online withoutwithout a prescription brand viagra
viagra without consultation ukbuying viagra without a scriptfemale viagra without prespri buy cialis super online no prescription
viagra without perscriptionsviagraprofessionalwithoutaprescriptio nbuy viagra online without script levitra best generic 20 mg: http://cottagegroveresources.com/#Levitra
buy viagra online without scriptviagra without credit cardviagra without rx http://versesproject.com/#cialis-20mg
Quote
#5 cheap viagra without subscription texStephentex 3 Shawwal 1439 AH
viagra for women in australia purchasing viagra without prescriptionviagra without prescription.viagra without consultation uk
viagra without a scriptviagra for sale without a prescriptiongeneric viagra without a prescription [url=http://fitnesshongkong.com/#viagra ]viagra women effects
viagra plus without prescriptionviagra without prescriptionpurchase viagra without prescription http://fitnesshongkong.com/#women-viagra
Quote
#4 viagrawithoutprescription.us dabJftharddab 1 Shawwal 1439 AH
cialis pharmacy quanto costa cialis visit our site sales cialis cialis mexicana
cialis douleurs jambe viagra without a persxritpion
best generic cialis to buy homepage here
cialis y cocain cialis en espanol buy cialis for women drug cialis 5mg: http://xcialisxx.com/#cialis-best-price
cialis 10 effet
http://xcialisxx.com
Quote
#3 viagra without a doctor prescription dabLenaddab 29 Ramadan 1439 AH
viagra women price of cialis in dubai spill michigan cialis just try cialis pills buy
just try buy cialis uk
prices cialis walmart cialis tablets
only today cialis mexico cialis aus usa foro compra cialis online [url=http://fitnesshongkong.com/#viagra ]viagra for women
cialis 5mg price uk

http://fitnesshongkong.com/#buy-viagra
Quote
#2 Thoca ThocaYrheoThoca 6 Ramadan 1439 AH
cialis price preis cialis 20mg schweiz cialis uk next day
wow cialis tadalafil 100mg we like it cialis price
cialis for sale in europa cialis baratos compran uk Buy Cheap Cialis
buying cialis overnight look here cialis order on line
price cialis best generic cialis with dapoxetine cialis without a doctor's prescription: http://www.mayavanrosendaal.com/
cialis cipla best buy how to buy cialis online usa
recommended site cialis kanada cialis generic tadalafil buy
http://www.mayavanrosendaal.com/
Quote
#1 Thoca ThocaKepanThoca 6 Ramadan 1439 AH
buy cialis no prescription buy cialis over night shipping cialis side effects just try cialis cialis online suppliers of cialis in the uk cialis uk express delivery
cialis 100mg pfizer billig view site acheter cialis cialis lign cialis gnstiger generic with cialis Cheap Cialis
cialis side effects rash cilias cialis femminile corriere wow look it cialis best peice cialis treatment
online chemist cialis cialias schweiz cialis verkaufen buy brand cialis 100mg online venta de cialis online chile Buy Cheap Cialis: http://kaivanrosendaal.com/
cialis pastiglie morbide as an example comparatif prix cialis cialis cvs cialis sales cialis et ses mefaits
http://www.mayavanrosendaal.com/
Quote

Add comment

Security code
Refresh