It is permissible for one to cancel the engagement, which is the view of the Maliki and Hanbali [10] The Hanbali scholars stated that cancelling the engagement without a reason is disliked. scholars, and the apparent view of the Shafi’i Madhab.
2. Ruling on the fiancé claiming back the gifts he gave to his fiancée:[11] The issue of taking the gifts back after conducting the marriage contract will be discussed afterwards
It is permissible for the fiancé to have the presents he gifted to his fiancée if the latter was the one who cancelled the engagement. [12] As for the traditional wedding jewellery, the ruling depends on the norms of people. If people consider it an engagement gift, then it will take the ruling of gifts. However, if people consider it part of the bride price (Mahr), it will take the ruling of Mahr unless it is agreed otherwise, which in such case, the new agreement will apply. This is agreed on by the four Madhabs. [13] Hanafi scholars stated that the fiancé is entitled to receive his gifts back, if they are still available. If the gifts were consumed or unavailable, the fiancé is not entitled to receive a compensation of their value.
feqhia
