where sec 15 betrothal in IFLA come from?

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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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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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

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where sec 15 betrothal in IFLA come from?