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Betrothal and general damages for humiliation: an appraisal on harmonisation of Shari'ah and Civil Law

Mohd, Azizah and Hj Ibrahim, Badruddin and A. Kadir, Nadhilah (2023) Betrothal and general damages for humiliation: an appraisal on harmonisation of Shari'ah and Civil Law. In: 5TH INTERNATIONAL CONFERENCE ON HARMONISATION OF SHARI'AH AND CIVIL LAW 2023, SENATE HALL, IIUM and online. (Unpublished)

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Betrothal is an agreement or a promise to marry. Both Islamic and Civil Law recognize betrothal as a significant plan before and towards a marriage contract. Both laws are also in agreement that in the event of breach of betrothal, the parties in default is liable to certain damages and compensation. Nevertheless, there are a different principle as regards to general damages for humiliation and embarrassment. This paper basically deals with betrothal and the legal effect of breach of betrothal under Islamic and Civil law. The research is a qualitative research, adopting a library research and content analysis. The research seeks to study generally on the position of betrothal under both Islamic and civil law and the effect of breach of betrothal on the parties who are at fault. This paper will further examine on items claimable as compensation under both laws including general damages for humiliation. The paper will further analyze certain points of laws on damages in breach of betrothal under both laws which are in harmony and differing to one another. Finally the paper will highlight on possibility of harmonisation between Islamic and Civil Law particularly on general damages of humiliation.

Item Type: Conference or Workshop Item (Slide Presentation)
Uncontrolled Keywords: Betrothal, General Damages for Humiliation, Islamic Law, Civil Law, Harmonisation
Subjects: BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User: Dr Azizah Mohd
Date Deposited: 12 Sep 2023 16:52
Last Modified: 12 Sep 2023 16:52
URI: http://irep.iium.edu.my/id/eprint/106434

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