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8/2/2019 where sec 15 betrothal in IFLA come from?
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Fiqh MunakahatLBA 2083
Faizah binti Zainudin 1101216NurulHuda binti Ramli 1101214
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Definition of betrothal
It means an agreement to marrysomebody
Betrothal is a sort a moral binding. Itdoes not give rise to the right ofalimony and if broken it does not
involve legal consequences, exceptthe return or unperishable gifts, ifthe breach is not caused by thegiver.
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Section 15 (IFLA 1984)
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fregmentation from thesection 15 (IFLA 1984)
1) If any person has, either orally orin writing, and either personally or
through an intermediary, enteredinto a betrothal in accordance withHukum Syarak
As stated in the Holy Quran:
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Verse from alquranabout betrothal
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Hadith that related withbetrothal
:
.
Translation: Ibnu Umar reported thatAllahs Messenger (peace be uponhim) said: A person shall not enter tothe transaction when his brother hasalready entered into but not finalized
and he should not make a proposal
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Continue s.15 IFLA 1984
2) and subsequently refuseswithout lawful reason to marry the
other party, the other party beingwilling to marry,
As stated in the Holy Quran and
Hadith :
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Surah almaidah (5) 1
) )
O ye who believe! Fulfil yourundertakings. The beast of cattle ismade lawful unto you (for food)except that which is announced untoyou (herein), game being unlawful
when ye are on the pilgrimage. Lo!
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:
: )
.)
Translation of the Hadith: from AbuHurairah, there are 3 signs ofhypocrite, when they talking theylies, when they promise they breakthe promise, and when he was give
a trust, he breach it.
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Continue of section 15IFLA 1984
3) the party in default shall beliable to return the betrothal gifts, if
any, or the value thereof and to paywhatever moneys have beenexpended in good faith by or for theother party in preparation for the
marriage, and the same may berecovered by action in the Court
As review from 4 scholars school of
law:
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Continue.
where the betrothal gift are stillintact and has not changed their
character or been consumed ordestroyed, the giver can ask for itback, if the breach is made byanother party.
Maliki school of law said:
if the breach made by man, he hasno right to ask for returning his gifts,but if its o osite wa which is
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Continue
Syafie school of law said:
that gifts should be returned
whether they are still existence ornot. If the goods still exist, then itshould be returned. If the goodshave been consumed, or used orlost, then the value shall bereturned.
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Conclusion
The the provision existed in theIslamic Family Law Act 1984 (Federal
Territories) was based from Syafieschool of law