A man made intention and promise (engagement) to marry a sister some time ago. Since then he has been in regular communication with the sister (although he was advised that he should not do so) and they argue and quarrel regularly. It is also apparent that the girl dislikes his mother immensely and he thinks his mother suffered a heart attack because of this. He no longer wants to go through with the Nikah. What is the legal position in the shariah?
With respect to the case you have asked about regarding Nikah, we submit that since there has been no Ijaab and Qubul and there was only a promise to marry it is permissible for him to discontinue this proposed marriage. The engagement was only an expressed intention to marry and does not bring about any obligation.
And Allah knows best.
Mufti Waseem Khan