💍 Khitbah & engagement · #9

My fiancé(e) broke off the engagement without reason. Can I make a claim at the Syariah Court?

Yes, Islamic family law in Malaysia allows a claim when an engagement is broken without valid reason.
Act 303 (Federal Territories) and the equivalent state enactments provide that a party who breaks an engagement, while the other party is still willing to marry, can be ordered to return the engagement gifts or their value, and to pay money spent in good faith on wedding preparations such as hall bookings, catering or clothes. Keep receipts, messages and proof of the engagement. The court will assess whether there was a valid reason to end it. Claims usually do not cover "compensation for hurt feelings". Before filing, try to negotiate through the families or sulh. Consult your state enactment and khitbah.

Sources

Act 303, s.15

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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