Ibrahim Rezaei, Shokria sadat hossainy
According to the custom of Afghanistan, a man proposes to a woman of his
choice, and if the other party accepts, they are called engaged parties.
Marriage engagement is permissible and either party can withdraw from it.
On the one hand, the ability to withdraw is necessary for the candidates to
know each other and to build a successful and stable life. The lack of family
strength imposes many social and economic problems on the society. On the
other hand, the ability to cancel and withdraw practically also creates
problems, withdrawal without reason and sometimes due to deep-rooted
malice and enmity causes a lot of financial and emotional damage to the
other party. The question is whether the damages caused to the parties can
be demanded or not? Justice and fairness require attention to be paid to the
material and spiritual losses of the victim.
The present article has been carried out in an analytical and descriptive
method and has collected its information in a library manner and has come
to the conclusion that: The Civil Code of Afghanistan does not have explicit
provisions regarding the necessity of compensation for material and moral
losses caused by the termination of engagement, however, it can be done
through Referring to the general articles, the necessity of compensation was
resorted to in case of abuse of the right. The Afghan Shiite Personal Status
Law specifies that if the engagement is terminated without a valid excuse,
damages can be claimed from the other party. Being unjustified can be
considered as an example of abuse of rights. Absence of judicial ruling in
this regard in Afghanistan is against the law due to customs and traditions
and cannot be legally invoked.