Reconsidering the Methods of Compensating for the Acts and Services Rendered by Each Party During the Engagement Period Following Its Dissolution

Engagement, as a preliminary stage for the formation of marital life, although serving as a basis

for the conclusion of marriage in the future, does not in itself establish a marital relationship.

Numerous discussions have been presented in Islamic jurisprudential and legal sources

concerning engagement, as well as its rights and obligations. Accordingly, engagement is

regarded as a revocable relationship, and its mere termination does not necessarily entail

compensation for damages. However, where damage is caused to either party and the absence

of a justified reason is established, a claim for damages may be considered.

Furthermore, although acts and services performed by either party during the engagement

period may not, in themselves, constitute material damages, they may, from a customary

perspective, result in unjust enrichment of one party following the termination of the

engagement. By establishing the parties’ actual intention to perform such services for their

prospective spouse and for the purpose of concluding marriage at the anticipated time, these

services may be regarded as being based on a form of implied condition concerning the provision

of beneficial services. The termination of the engagement may render the fulfillment of such a

condition impossible and consequently cause the underlying intention to cease, thereby

requiring the parties to return to their previous position and potentially justifying compensation

for the acts and services performed.

The jurisprudential principles of la darar, the rational conduct of people (bana-ye oqala), and

general legal principles concerning the evaluation of human conduct in accordance with morality

and justice may also support such an approach.