العدول عن الخطبة وأثره بين الفقه الإسلامي وقانون الأحوال الشخصية السوداني - دراسة تحليلية

Abstract

Islam is keen to build the Muslim family in the correct manner, and this is evident in the light of the Qur’anic verses and the Sunnah of the Prophet “Peace be upon him”, that the family sought by Islamic legislation is the good family that constitutes the nucleus of a society that is based on strong foundations from the Quran and the Sunnah. The Qur’anic verses show that the male and female are the basis of creation, the foundation of the family, and the foundation of the entire human society. Before the marriage contract, it was legislated for us in Islam what is called in Islamic law the engagement, which is a period before marriage and during which the suitors spend to choose one another. It may end with marriage or abandonment, but after exchanging gifts, and paying the dowry in full or in part. In this paper, the researcher attempts to shed light on the results and effects of abandoning the engagement and its impact on the Islamic society in general and the Sudanese`s society in particular. Moreover, analyze the legal articles of the Sudanese family Law related to this issue, as well as looking at the issue from a jurisprudential perspective and stating the opinions of jurists on that. The researcher relied on the inductive approach by following the opinions of jurists and legal materials related to this issue and analyzing them. 

Key words: engagement - abandonment - effects - rulings