Ruling on abandoning engagement with women: a jurisprudential legal study

Abstract

Withdrawal from the engagement The suitor and the fiancée, or one of them, retracts from the engagement with or without the consent of the other party, with or without justification, and finally abandons the marriage project, whether with or without justification. One of them is the reversal of the sermon, and as for the reversal of the evidence, it is indicative of turning away from the sermon, and the majority of Muslim jurists have agreed that the sermon is a non-binding promise and that reversing it is a right for both parties or their guardian, as well as the legislators of Arab positive laws that have provided interest in family conditions, including the status law The Iraqi personality permitted each of the two parties to the engagement to abandon it after they had taken precautions for the fiancés in advance not to embark on marriage for various reasons and considerations. He finds its basis in the theory of arbitrariness in the use of the right, as this arbitrariness may result in damage that requires compensation, which is either material or moral damage as a result of the emergence of tort liability that is caused by the wrong behavior of the reversal and not by mere reversal itself.