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    1. #1
      Limited Member Array Hamza786's Avatar
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      Can a girl get married without parents permission??? (OP)




      The topic "Can a girl get married without parents permission" is quite serious now in the western society.

      A girl came to me and said, my parents disagree with the guy i chose because of his looks, i like him a lot and vice versa. so im going to go and make someone else my guardian and go forward with this.

      i gave her the hanifi point of view. i was just wondering if someone would explain the view point of imam shafi. i am studying comparitive fiqh but wud appreciate it if i cud hear from someone who already knows.

      jazakallah khair

    2. #41
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by Halima View Post
      Salaam,

      No, a girl cannot get married without her parent's permission. She can if she wanted to, but it is not allowed. If a girl wants to get married, first she has to have her father's approval that she can get married to the guy. Secondly there has to be her father to help pay foe the wedding. Thirdly, her father has to be there in order to be her Wali. Without any of these reasons, then how can she get married without her father? In addtion to that if you think about it what if she gets divorced and then her husband send her back to her fathers's house. Without her father knowing she may never even be allowed to come back to her father's house.
      Wasalaam.
      I think permission and involvement of walis (guardians) is a religious necessity in case of both the man and the woman. But if two youths marry themselves secretly beyond the knowledge of their respective walis, they will be sinners for violation of the religious manners. But will the marriage be valid? In that case, what can the walis do to their recalcitrant offsprings?

    3. #42
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by the_muslimah View Post
      what does that mean?? she can get married,but she can't.....how does that make any sense?
      salams sis i think u misunderstodo she means she can if she wants to (there's nothing to stop her physically) but whether that's islamic or not is a different case..

      also sis wat do u mean a lady can marry without a wali if she's been widowed or divorced? do you have ne evdence for that?

      jazakilah khayr

      salams
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    4. #43
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      I remember a Hadith that tells a a marriage without the consent of the guardians is no marriage.

    5. #44
      Full Member Array the_muslimah's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by M H Kahn View Post
      I remember a Hadith that tells a a marriage without the consent of the guardians is no marriage.
      yeh thats right but as i think ive mentioned before,that hadith is categorised as a khabr-e-waahid, meaning there is a slight doubt in its authenticity due to a single chain of narrators, and therefore masaa'il cannot be derived from there

      Wallahu A'lam

    6. #45
      Full Member Array the_muslimah's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by lolwatever View Post
      also sis wat do u mean a lady can marry without a wali if she's been widowed or divorced? do you have ne evdence for that?
      salamz sista
      check this link out if it works:
      http://www.askimam.org/fatwa/fatwa.p...8cb62d7d4de2e0

    7. #46
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Originally Posted by lolwatever
      also sis wat do u mean a lady can marry without a wali if she's been widowed or divorced? do you have ne evdence for that?
      This verse may be an answer to the question:
      “There is no blame on you if ye make an offer of betrothal or hold it in your hearts. God knows that ye cherish them in your hearts: But do not make a secret contract with them except in terms Honorable, nor resolve on the tie of marriage till the term prescribed is fulfilled. And know that God Knoweth what is in your hearts, and take heed of Him; and know that God is Oft-forgiving, Most Forbearing.” [2:235]

    8. #47
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by Hamza786 View Post


      The topic "Can a girl get married without parents permission" is quite serious now in the western society.

      A girl came to me and said, my parents disagree with the guy i chose because of his looks, i like him a lot and vice versa. so im going to go and make someone else my guardian and go forward with this.

      i gave her the hanifi point of view. i was just wondering if someone would explain the view point of imam shafi. i am studying comparitive fiqh but wud appreciate it if i cud hear from someone who already knows.

      jazakallah khair
      What are Hanafi or Shafi view? Abu Hanifa and Shafi were two scholars who had difference of opinions on some minor matters of ISLAM which is one and only as taught by Muhammed (pbuh) as a messenger of Allah. You cannot divide ISLAM into Hanafi or Shafi.

    9. #48
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      ^^ i agree, but could u explain that verse bro? i didnt quite understand what it means, maybe coz of the english used
      jazak
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    10. #49
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by lolwatever View Post
      ^^ i agree, but could u explain that verse bro? i didnt quite understand what it means, maybe coz of the english used
      jazak
      Allah says that it is permissible for a man to propose a widow for a marriage with her or desire her in the heart for marriage. But He forbids secret contacts with her for unfair talk. Allah also forbids not to finalise the marriage contract until her iddah (waiting period) is over. If you read the verses 233 to 235 of Surah Al-Bakara, you will perceive this clearly.

      Though nothing is specifically stated about a divorced woman seperately, I feel the same ruling may be applicable in that case too.

    11. #50
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      oh ok cool jazak for that
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    12. #51
      Account Disabled Array sabjok's Avatar
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      Question Re: Can a girl get married without parents permission???


      How does an orphan girl get married?

    13. #52
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      she can go to a qadi if ther eis one, or a relative from the fathers side to take care of the matter, if there is non she can go to an Imam with good character who will arrange the matter inshalah
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    14. #53
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by lolwatever View Post
      she can go to a qadi if ther eis one, or a relative from the fathers side to take care of the matter, if there is non she can go to an Imam with good character who will arrange the matter inshalah

      1. Allah does not burden a soul beyond its capacity. When two adult persons ( a male and a female) agree in front of at least two male witnesses or one male and two female witnesses to be spouses, the marriage is done.

      2. If the marriage is done by a man or a woman without the consent and involvement of his or her guardians, they ( the guardians) are likely to be displesed. So, getting married in this way may be an act of sin; but this will not invalidate the marriage.

      3. If a girl or boy has no guardian to take care of, it may not be inevitable for him or her to go to others and request them to find a match for him or her and himself or herself sit idle until any of the requested persons has found a match. I think, in that case, he or she may contract his or her marriage himself or herself; and this may not be an act of sin, not to speak of the marriage being invalid.

    15. #54
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      ^^ bro regardign ur first piont but as long as the girl is not a widow/divorcee, she definatley needs a walee. we cant change that. the walee isn't suppose to be a hassle so allah isn't burdening us beyond capacity.
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    16. #55
      Limited Member Array Mohammed H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Prophet (saaw) said: “Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Reported by Tirmidhi, 1021 - Saheeh

      “There is no marriage contract except with a walee and two witnesses.” Reported by at Tabaraani

      “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.” Reported by Ibn Maajah, 1782
      In view of these narrations, ascribed to Muhammed (pbuh), it is very evident that when a boy and a girl marry beyond the knowledge of the walis of both or any of them, their marital life will be adultery and their offsprings will be *******s. But there are so many such secredly married couples in all Islamic societies. Are they really fornicating with their offsprings being *******s? If the narrations are Hadiths, then surely they are fornicators and their offsprings *******s. But has any scholar or scholars ever given any ruling like this?There seems no such rulings ever given by any scholar except perfunctorily mentioning the narrations under cover of the Hadith in their books. This signifies that they are not sure that the narrations are Hadiths.

      Secondly, the 'term 'wali' is not defined. This is also suggestive that the narrations may not be Hadiths. while only Allah knows the real truth. I think the matter needs research to find examples, if any, where the prophet (pbuh) or any of his companions declared any any marriage done without wali as invalid.

    17. #56
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      r u same user as M H Khan btw?

      secondly, if u mean secretly as in they just made agreement between themselves without ne wali or witness then yeh... just because many ppl do it doesnt make it halal, (towards end of time alchohol and zina will b common doesnt mean it becomes less illegal).

      yes because every non-fasiq parent is a wali, but not every wali is a parent.. lol just like every male is human, but nto every human is a male

      salamz
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    18. #57
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by lolwatever View Post
      if u mean secretly as in they just made agreement between themselves without ne wali or witness
      salamz
      What makes you go to the length of presuming the marriage without witnesses? It is very a well settled teaching known to most of the Muslims that there is no marriage without 2 male or 1 male and 2 female witnesses. So none ever claims to have done a marriage without the required witnesses. But marriages without wali often take place and such marriages are accepted as valid by the Muslims in general. Here is the controversy where the Hadiths fail and consequently Islam too.

    19. #58
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      huh? just because Muslims accept drinking alcohol doesn't mean Islam accepts it, and doesn't mean Hadith fails...

      it just means that the majority is misguided.. that's all... same applies to marriage.
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

    20. #59
      Full Member Array M H Kahn's Avatar
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      Re: Can a girl get married without parents permission???


      Quote Originally Posted by lolwatever View Post
      huh? just because Muslims accept drinking alcohol doesn't mean Islam accepts it, and doesn't mean Hadith fails...

      it just means that the majority is misguided.. that's all... same applies to marriage.
      There is a wise saying about a sheep inquiring the depth of water when elphants and horses had already downed. It is like reading some books, finding some stories and then giving a fatwa on that basis. Perhaps the matter is not so easy; it requires much scholarship.

    21. #60
      IB Oldtimer Array lolwatever's Avatar
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      Re: Can a girl get married without parents permission???


      then you're not very different to the people of the book who where convicted of polytheism by Allah because their priests and rabbis legislated for them and made Halal what Allah declared haram and visa versa... all under the guise of 'wisdom' and 'scholarship'...
      Can a girl get married without parents permission???

      commenthere:



      ليس بعلم ما حواه القمطر، ماالعلم إلا ما وعاه الصدر
      .::.....sabr Ayyoub.....::.

     

     
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