Engagement in Islam
The term “engagement” linguistically derives from the Arabic root word for “speech” or “matter,” which can pertain to any issue, large or small. Engaging a woman is referred to as “khitbah” (خِطبة), a term that was not commonly used by Arabs in earlier times. However, its usage has been sanctioned by the Egyptian Language Academy, and in the legal sense, it refers to the proposal of marriage to a woman.
Reasons for Canceling Engagement in Islam
It is generally discouraged for a man to cancel an engagement to a woman he esteems without a valid reason. Engagement is viewed as a promise of marriage, and breaking this promise constitutes a breach of trust. In contrast, either a woman or her guardian may choose to terminate the engagement. The following are recognized reasons for canceling an engagement in Islamic law:
Cancellation Due to Inability to Pay the Dowry
Below are the views of various Islamic scholars regarding the cancellation of engagement due to inability to pay the dowry:
- The Maliki school asserts that the engagement can be dissolved if the man is unable to pay the dowry.
- The Shafi’i school states that if a man’s inability to pay is established in court, he is granted a grace period of three days; the woman may then request to dissolve the engagement the following day.
- According to the Hanbali school, the woman has the right to terminate the engagement if the man is unable to pay the dowry.
- Conversely, the Hanafi scholars do not recognize the inability to pay the dowry as a valid reason for canceling the engagement.
Cancellation Due to Defects
All four schools of thought—Hanafi, Maliki, Shafi’i, and Hanbali—agree that engagement can be terminated on the grounds of physical or other defects. The majority within the Maliki, Shafi’i, and Hanbali schools categorize defects into three types: those applicable to men but not women, those specific to women, and those applicable to both genders. They also emphasize a narrow interpretation of what constitutes a defect.
Defects can be established in two ways: either through acknowledgment from the person with the defect or by the court mandating an examination of the accused party, provided the other party was unaware of the defect at the time of the contract.
Cancellation Due to Lack of Compatibility
Scholars have highlighted the importance of compatibility between spouses, as a severe lack of it can complicate married life. The absence of compatibility jeopardizes the fundamental objectives of marriage. For the Hanafi, Maliki, and Hanbali schools, compatibility is a condition that prevents the engagement from being dissolved. The Shafi’i school, however, views it as a right of the woman and her guardian, allowing them the option to forego considerations of compatibility if they choose.
Cancellation Due to Absence, Imprisonment, or Disappearance
According to the Maliki scholars, an engagement can be canceled if the man is absent, imprisoned, or has gone missing. In such cases, the woman is entitled to present her situation to a judge if her fiancé has been imprisoned, lost, or missing for a year or longer. Should the judge learn the man’s whereabouts, he may compel him to appear, transfer the case, or dissolve the engagement or marriage.
Cancellation Due to Apostasy
Islamic scholars unanimously agree that apostasy prior to consummation results in the cancellation of engagement. The Hanafi, Maliki, and Hanbali schools maintain that the apostasy of either party immediately dissolves the engagement. However, the Maliki scholars make a provision that if a woman intends her apostasy to annul the contract, it applies. The Shafi’i view holds that the contract is not dissolved upon apostasy until the woman’s waiting period (iddah) concludes, noting that the fiancée herself does not have a waiting period, which aligns with the majority opinion.