Refusing the Nikah after an Engagement

Question

The son of Chaudhri ‘Ata Muhammad was engaged to the daughter of Chaudhri Muhammad ‘Ali, whose name is Sharifa Bi. But now he refuses, saying: “I will not hold the wedding.” Our custom here is that when someone asks for a match, the girl’s mother and father seat the biradari (a kinship or caste community) together, take counsel, and then give their word for the match, saying: “Come on such-and-such a day, dress the girl in clothes and go.

Answer

These things are not required by the Shari‘a for an engagement; it is valid without them as well. An engagement is a promise. Breaking a promise without reason is very bad according to the Shari‘a: [ar]والخلف في الوعد حرام. كذا في الدر المختار[/ar] “Breaking a promise is haram” (so it is in al-Durr al-Mukhtar).

Source: Fatawa Mahmudiyya

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