Weddings called off: Compensation claims available for affected parties

SHAH ALAM – Individuals who suffer financial losses due to a broken engagement or wedding may have legal recourse under Islamic Family Law.

Terengganu Syariah Lawyers Association advisor, Fazru Anuar Yusof said that Section 14 of the Islamic Family Law Enactment (Terengganu) 2017 allowed legal action for breach of promise to marry.

According to Terengganu Syariah Lawyers Association's advisor Fazru Anuar Yusof, Section 14 of the Islamic Family Law Enactment (Terengganu) 2017 allows for legal action in such cases.

He said this section specified that if an engagement had been made according to Islamic law, either verbally or in writing, and either independently or through an intermediary, legal action could be taken.

“If one party refused to marry the other without any valid reason, while the other party agreed to proceed with the marriage, the party that breached the agreement was liable to return the engagement gifts, if any, or their value, and pay any expenses that were incurred in good faith by the other party in preparation for the wedding.

“These could be claimed through legal action in court,” he said.

Before registering a case, the value of the claim and the jurisdiction needed to be determined.

“If the compensation sought was less than RM100,000, it had to be filed under the Syariah Lower Court.

"For claims exceeding RM100,000, it should have been filed in the Syariah High Court before proceeding with the case,” he added.

Meanwhile, Syariah Lawyer Nurain Akmal Khairunnisa Hamzah clarified that claims for expenses related to the engagement ceremony and wedding preparations could be made, provided there was strong evidence.

"Any expenses incurred without consent were still considered an injustice to the affected party, and legal action could rightfully be taken.

“Even if the wedding date was far off, claims for engagement ceremony expenses could still be made, especially if wedding preparations had been made, including bookings that required payment.

“If the wronged party wished to file a claim, they had to ensure they had proof, including receipts.

"If there were no agreed amount between the claimant and the respondent, the court would determine the amount of compensation to be paid,” she said.

On Tuesday, it was reported that a mother was heartbroken when she announced that her son's wedding would not take place after the bride-to-be withdrew at the last minute.

Following this, the family decided to proceed with a ‘prayer session’ instead.