Before you get engaged Do you know your rights and obligations before you get engaged?
Most people would answer this question saying “no”
Can you enter into a project without knowing if you disagree with your partner, how will solve your dispute?
Marriage is the same thing. You must know if you separate, how will you do it?
Your knowledge and your inquiry have nothing to do with whether the person you are with is good or bad. Your awareness of your rights will make you feel more secure in the relationship and can help you avoid problems.
In this article, you will know your rights and obligations during the engagement period as far the Egyptian Personal Status Law go.
The most problematic thing that two betrothed face after ending their engagement is the bridal jewelry gift as it is basically the only thing paid that is worth a lot of money.
Who is entitled to the bridal jewelry gift if the engagement is broken off?
Article three of Law No. 1 for the year 2000 provides for that “judgments are issued pursuant to the applicable Personal Status and Awqaf laws, and the most likely opinions from the Imam Abu Hanifa doctrine shall prevail on what was not mentioned in this article” meaning the cases that are not regulated by the provisions of the Personal Status Law will be governed by the most likely applicable opinions of the Hanafi Doctrine.
What is the most likely applicable opinion in the Hanafi Doctrine about returning the Bridal Jewelry Gift?
The Hanafi Doctrine deals with the Bridal Jewelry Gift as a gift and there are conditions that prevent returning the gift to its giver if requested:
1- Increase of the gift enriching the receiver.
2- The death of the giver or the receiver.
3- If the giver presented to the receiver a compensation instead of the gift
4- If the giftis no longer the property of the receiver.
5- The marital relationship between the giver and the receiver at the time of gifting the gift.
6- A Forbidden kinship between the giver and the receiver
7- Perishmentof the giftwhile in the hand of the receiver.
The aforementioned means if the Bridal Jewelry Gift is still with the fiancée and did not perish, the fiancé shall have the right to ask for it, and if she refuses, he will have the right to file a lawsuit called for return of his bridal gift whether or not he was the one who ended the engagement, the fiancé is entitled to his bridal gift.
That is in the event the court adopts the most likely opinion of the Hanafidoctrine, however if the court applies the provisions of the civil law on gifts, it clarifies who ended the engagement and accordingly it determines if the fiancé has the right to recover the bridal gift or not. If the fiancé is the one who ended the engagement, he will not be entitled to recover the bridal gift, and if the fiancée is the one who ended it, the fiancé will have the right to recover the bridal gift.
Our advice to you is to present the bridal jewelry gift at the time of concluding the marriage contract to avoid all these problems. Another thing that causes problems during the engagement period is the dowry.
The dowry is the right of the wife as mentioned in the marriage contract and giving it to the wife before the marriage contract will lead to problems.
Before the marriage contract is written, the fiancée has no right to dowry, because the dowry is the so-called dowry that is written in the marriage contract.
There are three instances of dowry dispute
1) Before the marriage contract
2) After the marriage contract and before consummating the marriage
3) After the wedding
Before the marriage contract, the fiancée does not have any right to the dowry, and therefore it is advisable to pay the dowry to the wife shortly before the marriage contract is written.
As the suitor has the right to recover everything he paid under the name “dowry” as long as the marriage contract is not written.
After the marriage contract and before consummating the marriage, it is customary that there is a period of time however short or long that separates it from consummating the marriage or the wedding.
What would happen to the dowry if the divorce took place after the marriage contract and before the wedding or consummating the marriage?
In this case, the wife or the girl is entitled to half of the dowry and the husband or the man to the other half. In the last case which is after the wedding, the wife shall be entitled to the full dowry, and the husband shall have no right to it.
To cut the story short, the bridal jewelry gift and the dowry are among the things that cause problems. If there is a long time left before the wedding, it is advisable to give them to the girl shortly before the wedding to avoid any problems.