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Engagement

Engagement is a provisional phase prior to marriage. It is not a binding contract, and if the fiancees find out during this period that they are not really suitable for one another then it can be broken. The engagement is no justification for the parties concerned to have access to each other's body or to enjoy physical intimacy. If broken, some jurists decree that presents given to the woman by her fiance should be returned to him, such as the engagement ring or other valuables. It is a pre-requisite for engagement that the woman be free from juridicial objections, such as being married or still during the ritual' 'waiting period', (idda) following a previous marriage. It is also unethical for a Muslim to propose to a woman already engaged, unless that engagement is broken for an independent reason or by consent of the first proposer to break the engagement.

The free consent of both parties to the marriage is a juridicial necessity. In some patriarchal communities the decision is made by the father or guardian without heed to the girl's opinion. Such practice is unacceptable to Islam, and if the girl is not consenting the marriage contract is to be dissolved by law. A young woman once complained to the prophet that her father married her to his nephew without her consent. The prophet gave her the option of dissolving the contract, to which she answered: I accept what my father did, but I wanted to make the point to women that the decision is up to them and not to their fathers.