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The question

Is the former suitor absolved of the debt he borrowed from the fiancée’s father after the engagement was broken, and what is the ruling on the fiancée’s supplication against him in this world and the Hereafter for his refusal to repay the debt and his attempt to approach her before the marriage contract, and is she obligated to repay the debt because she guaranteed it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is permissible to withdraw from an engagement for a legitimate Sharia-compliant reason, but it is disliked to do so without one. If the gifts were part of the dowry, they must be returned. However, if they were not part of the dowry, scholars differ on their ruling: The Hanafis hold that the suitor may reclaim existing gifts, but not those that have perished or been consumed. As for the Shafi'is, they are of the opinion that the suitor may reclaim what he spent for the sake of marriage, but if it was a pure gift, there is no return for it. The Hanbalis believe that the suitor may reclaim the gift if the fiancée did not fulfill the promise and the marriage did not take place; however, if the refusal was from his side, he has no right of return. The preponderant opinion is that the suitor has the right to reclaim the gifts if he was not the one who refused to complete the marriage. If the refusal was from the suitor's side, he has no right to the gifts, and he is obligated to repay the debt. If you guaranteed the suitor in repaying the debt, then you are obligated to repay it and then seek recourse from the suitor.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
98571
Imported
Translation status
Source text, unreviewed
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