Click to edit Master subtitle style Faizah binti Zainudin 1101216

NurulHuda binti Ramli 1101214

Fiqh Munakahat LBA 2083

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Definition of betrothal

It means an agreement to marry somebody is a sort a moral binding. It does not give rise to the right of alimony and if broken it does not involve legal consequences, except the return or unperishable gifts, if the breach is not caused by the giver.

Betrothal

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Section 15 (IFLA 1984)

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fregmentation from the section 15 (IFLA 1984)

1)

If any person has, either orally or in writing, and either personally or through an intermediary, entered into a betrothal in accordance with Hukum Syarak stated in the Holy Quran:

As

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Verse from alquran about betrothal

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Hadith that related with betrothal

: . Ibnu Umar reported that Allahs Messenger (peace be upon him) said: A person shall not enter to the transaction when his brother has already entered into but not finalized and he should not make a proposal 3/17/12
Translation:

Continue s.15 IFLA 1984

2)

and subsequently refuses without lawful reason to marry the other party, the other party being willing to marry, stated in the Holy Quran and Hadith :

As

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Surah almaidah (5) 1

1 ) ) O ye who believe! Fulfil your undertakings. The beast of cattle is made lawful unto you (for food) except that which is announced unto you (herein), game being unlawful when ye are on the pilgrimage. Lo! 3/17/12

) : .( of the Hadith: from Abu Hurairah, there are 3 signs of hypocrite, when they talking they lies, when they promise they break the promise, and when he was give a trust, he breach it. 3/17/12
Translation

Continue of section 15 IFLA 1984

3)

the party in default shall be liable to return the betrothal gifts, if any, or the value thereof and to pay whatever moneys have been expended in good faith by or for the other party in preparation for the marriage, and the same may be recovered by action in the Court

review from 4 scholars school of law: 3/17/12

As

Continue.

where the betrothal gift are still intact and has not changed their character or been consumed or destroyed, the giver can ask for it back, if the breach is made by another party. school of law said:

Maliki

if the breach made by man, he has no right to ask for returning his gifts, 3/17/12 but, if its opposite way which is

Continue
Syafie that

school of law said:

gifts should be returned whether they are still existence or not. If the goods still exist, then it should be returned. If the goods have been consumed, or used or lost, then the value shall be returned.

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Conclusion
The

the provision existed in the Islamic Family Law Act 1984 (Federal Territories) was based from Syafie school of law

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