💍 Khitbah & engagement · #64
An engaged man gives his fiancée a monthly allowance. Is this obligatory, or counted as maintenance?
It is neither obligatory nor maintenance; maintenance only becomes due after the marriage contract. Money given during an engagement counts as a gift, and its status if the engagement ends depends on custom and agreement.
Maintenance is tied to marriage, as Allah obliges a husband to provide for his wife according to his means (at-Talaq 65:7). Gifts during an engagement are valid and can strengthen the bond, but they can also create a sense of obligation or pressure to continue the engagement. If the engagement is broken, Act 303 s.15 allows a claim for the return of gifts or their value, and compensation in certain cases. It is better for the man to save that money for setting up the home. If he gives it anyway, record the amount and the intention. See the question on returning gifts.
Maintenance is tied to marriage, as Allah obliges a husband to provide for his wife according to his means (at-Talaq 65:7). Gifts during an engagement are valid and can strengthen the bond, but they can also create a sense of obligation or pressure to continue the engagement. If the engagement is broken, Act 303 s.15 allows a claim for the return of gifts or their value, and compensation in certain cases. It is better for the man to save that money for setting up the home. If he gives it anyway, record the amount and the intention. See the question on returning gifts.