Betrothal and general damages for humiliation: an appraisal on harmonisation of shari’ah and civil law

Mohd, Azizah and A.Kadir, Nadhilah and Hj Ibrahim, Badruddin (2024) Betrothal and general damages for humiliation: an appraisal on harmonisation of shari’ah and civil law. IIUM Law Journal, 32 (2). pp. 86-117. ISSN 0128-2530 E-ISSN 2289-7852

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Abstract

Betrothal is an agreement or a promise to marry. The Shari’ah and civil law recognise betrothal as a significant plan before and towards a marriage contract. Both laws also agree that in the event of a breach of betrothal, the party in default is liable to certain damages and compensation. Nevertheless, there are different principles as regards general damages for humiliation or embarrassment. This paper deals with betrothal and the legal effect of a breach of betrothal under the Shari’ah and civil law. The research is qualitative, adopting library research and content analysis. The research seeks to study the position of betrothal generally under both the Shari’ah and civil law and the effect of a breach of betrothal on the parties who are at fault. This paper further examines items claimable as compensation under both laws including general damages for humiliation. The paper further analyses certain points of laws on damages in breach of betrothal under both laws that are in harmony and differing. Finally, the paper highlights the possibility of harmonisation between the Shari’ah and civil law particularly on general damages of humiliation.

Item Type:	Article (Journal)
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 Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Azizah Mohd
Date Deposited:	05 Dec 2024 14:42
Last Modified:	05 Dec 2024 14:42
URI:	http://irep.iium.edu.my/id/eprint/116412

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