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Engagement is a significant step in a relationship, marking the intention of two individuals to enter into marriage. However, in personal status law, engagement is more than just a promise—it carries specific legal implications. Understanding the Legal Aspects of Engagement can help you grasp the process clearly and ensure that both parties’ rights are protected.
In this blog, we’ll talk about the legal aspects of engagement as outlined in Articles 17 and 18 of Federal Law No. (28) of 2005 Regarding Personal Status. Whether you’re currently engaged or considering it, this information is crucial for understanding your legal position and what happens if the engagement doesn’t lead to marriage.
Engagement: Not a Marriage, But a Promise
First and foremost, it’s important to understand that engagement is not equivalent to marriage. According to Article 17, engagement is merely a proposal and a promise of marriage, not the marriage itself. This distinction is critical because it means that while engagement sets the stage for marriage, it does not yet establish the legal rights and obligations that come with marriage.
Prohibitions on Engagement
There are also specific rules about who can be engaged. As Article 17 highlights, a man cannot be engaged to a woman who is deemed “prohibited” under Shariah law. This includes women who are permanently prohibited due to blood relations or who are temporarily prohibited, such as a woman who is already married to someone else or who is observing a waiting period (Idda) after a divorce. However, a woman in a mourning period may be engaged, provided the engagement adheres to other legal guidelines.
Withdrawing from Engagement
Engagement, while a serious commitment, is not legally binding in the way that marriage is. Either party has the right to withdraw from the engagement, but this action can carry consequences.
Unnecessary Prejudice and Indemnity Claims
Article 18 makes it clear that either party may withdraw from the engagement. However, if the withdrawal causes unnecessary prejudice to the other party. The aggrieved party may claim indemnity for any harm suffered. The law recognizes the emotional and financial investments made during an engagement and offers a means of compensation if one party withdraws without sufficient cause.
Handling of Dowry and Gifts
The issue of dowry and gifts is particularly sensitive in the context of a broken engagement. If the engagement is called off, Article 18 outlines how these should be handled:
- Dowry: If a dowry was paid in kind, it must be returned if the engagement ends. If the dowry cannot be returned in kind, its value at the time of payment should be refunded.
- Gifts: Gifts exchanged during the engagement are considered part of the dowry. If the engagement ends without a valid reason, the party that initiated the withdrawal has no right to reclaim the gifts. However, if both parties mutually agree to end the engagement, they may recover the gifts, provided they still exist.
- Paraphernalia: If the fiancée used part of the dowry to purchase items (paraphernalia), and the engagement is terminated. She has the option to either return the dowry or hand over the paraphernalia equivalent to the dowry amount.
Specific Scenarios of Withdrawal
The law also covers various scenarios where the engagement might be withdrawn or terminated:
- Withdrawal Without Cause: If one party withdraws without a legitimate reason, they forfeit the right to recover anything given during the engagement. The other party retains the right to reclaim what they offered.
- Withdrawal with Cause: If the engagement is terminated for a justifiable reason, the party withdrawing may recover what it gave, either in its original form or its value at the time of payment.
- Mutual Withdrawal: If both parties agree to end the engagement, they can each recover what they presented to the other, assuming the items are still in existence.
- Termination Due to Death or Impediment: If the engagement ends due to death or an uncontrollable event that prevents marriage, neither party can recover the gifts exchanged.
Conclusion
Engagement is a meaningful commitment that carries both emotional and legal weight. While it is a promise of marriage, it is not yet a binding contract. Whether you’re planning to move forward into marriage or find yourself reconsidering your engagement. Understanding the legal aspects of engagement is key to making informed decisions. To know more, consider reaching out to top law firms in Dubai or Dubai Lawyers who specialize in family law.