Betrothal and general damages for humiliation: an appraisal on harmonisation of shari’ah and civil law
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. Neverthe...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
IIUM Press
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/116412/7/116412_%20Betrothal%20and%20general%20damages.pdf http://irep.iium.edu.my/116412/ https://journals.iium.edu.my/iiumlj/index.php/iiumlj https://doi.org/10.31436/iiumlj.v32i2.993 |
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| Summary: | 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. |
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