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Amat Allah
05-11-2011, 12:44 PM
Her wali repeatedly refused suitors; can she arrange her own marriage?
I am 31 years old teacher. I have been a teacher since 1996. In the end of 1997 a colleague proposed to me, and I asked him to wait until my older sister gets married. She got married in 2000, and then this colleague came to propose to me at home. My father refused him, although my mother accepted. He justified his refusal by saying that I will continue my masters and I might get appointed at university. My father refused many men because none of them is good enough in his view and he thinks that my chance could be much better (an engineer was one of those who proposed to me). In 2002 I was appointed as a tutor at university, and many men proposed to me but my father refused because he thinks that marriage will distract me from my studies. One of them was a doctor; my father refused him because he thought that he is greedy of my salary.

My first colleague proposed to me again but my father again refused him because he is a teacher while I am a tutor at university.
Although I told my father that I completely accept him as a husband for me as he is of a similar educational background, he is also resuming him masters. He is also of a similar cultural and social background as me. He is religious, moral and has good financial circumstances.

Since 2003 until now, the end of 2006, no one proposed to me apart from the first colleague. He strongly wishes to marry me and I so do I. My father says that if I stay without marriage is better for him than if I marry a teacher because I have a big salary and I do not need marriage unless a really good chance comes. A good chance mean he must have a very good profession (specifically very few professions) and he must be rich. My father is serious about this. I am suffering a lot; my ambition is not to have a very respectful career. My ambition is to have a family.

My question:
Is it permissible for me to get myself married without my wali’s permission and approval? Is he an inadequate wali for me? Please answer me in detail, may Allah have mercy on you and reward you!.



Praise be to Allaah.

Firstly:
Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): “There is no marriage without a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

And he (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali and two witnesses of good character.” Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami’ 7557.

And he (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 2709.

The woman’s guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the father’s paternal uncles; then the ruler. (al-Mughni 9/355).

But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.

Secondly:
The compatibility that counts here is compatibility in religious commitment. There is no difference between an Arab and a non-Arab, or between black and white, except in terms of taqwa (piety). Some of the fuqaha’ listed other conditions of compatibility, such as lineage and so on. The fact that the suitor is a teacher and you are a (university) tutor does not mean that he is not compatible with you, so long as he is of good character and religiously committed, and he is comfortably off in material terms, as you mentioned.

Thirdly:
What we think is that you should try to advise your father again, and seek help in doing so from someone who will be acceptable to him such as a relative or friend. If he agrees to give you in marriage to this suitor, this is what you want; otherwise you should refer to the matter to the guardian (wali) who comes after him, according to the order mentioned above. If he refuses to arrange your marriage, or there is a conflict among the guardians, then refer the matter to the qaadi and appoint him to arrange your marriage.

Fourthly:
What this guardian and others like him do is very strange, when they turn their daughters into trade goods to be offered to the highest bidder, or to the one who is better off than others. Even stranger than that is when they claim that the daughter has no need to get married! What does this poor man understand about need? Doesn’t he know that people need comfort, love and compassion, and that they have natural needs that Allaah has created in them, by His wisdom, may He be glorified? The woman’s wali has to fear Allaah and understand that preventing his daughter or sister from getting married to a compatible suitor who is pleased with her is regarded as wrongdoing and transgression and implies that he is an evildoer (faasiq) whose good character is sullied and whose testimony is to be rejected.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
If the wali refused to let a woman marry a man whose religious commitment and character are good, then guardianship passes to the next closest male relative on the father’s side, then the next closest and so on. If they refuse to arrange her marriage, as usually happens, then guardianship passes to the qaadi, and the qaadi should arrange the woman’s marriage. If the matter is referred to him and he knows that her guardians have refused to arrange her marriage, then he should do that, because he is the wali in cases where there is no specific wali.

The fuqaha’ (may Allaah have mercy on them) stated that if the wali repeatedly refuses marriage proposals from suitable men, then he is a faasiq (evildoer) and is no longer regarded as being of good character or as being a wali, rather according to the best known view of the madhhab of Imam Ahmad, he also forfeits the right to lead prayers and it is not valid to offer any congregational prayer behind him. This is a serious matter.

Some people, as we have referred to above, refuse offers of marriage from compatible men, but the girl may feel too shy to come to the qaadi to ask for her marriage to be arranged. This is something that does happen. But she should weigh the pros and cons, and decide which has the more damaging consequences, staying without a husband and letting her wali control her life according to his mood or his whims and desires, and when she grows old and no longer wants to get married, then he will arrange her marriage, or going to the qaadi and asking him to arrange her marriage because that is her right according to sharee’ah.

Undoubtedly the second alternative is preferable, which is that she should go to the qaadi and ask him to arrange her marriage, because she has the right to that, and because her going to the qaadi and his arranging her marriage serves the interests of others too, because others will come just as she has, and her coming to the qaadi will serve as a deterrent to those who wrong those whom Allaah has put under their care and prevent them from marrying compatible men. In other words, this serves three purposes:
1. The woman’s own interests, so that she will not stay without a husband.
2. The interests of others, because it will open the door for women who are waiting for someone to set a precedent they can follow.
3. Preventing those oppressive walis who make decisions for their daughters or other women under their guardianship according to their own moods or what they themselves want.

This also serves the purpose of establishing the command of the Messenger (peace and blessings of Allaah be upon him), who said: “If there comes to you (to propose marriage to your daughter) one with whose religious commitment and character you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on earth and widespread corruption.”
It also serves a specific interest, which is arranging marriages for those who are suitable in terms of religious commitment and character, thus protecting them from going astray and falling into haraam.
Quoted from Fataawa Islamiyyah, 3/148

We ask Allaah to help you to do that which in which is goodness and success.
And Allaah knows best.


Islam Q&A
http://www.islamqa.com/en/ref/95405

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Conducting marriage contract by phone
I want to get married to a girl whose father is in another country, and at present I cannot travel there for us to meet and do the marriage contract, because of my financial situation and other reasons. I am living in a foreign country. Is it permissible for me to call her father on the phone so that he can say to me, “I marry my daughter so and so to you,” and I can say, “I accept,” with the girl’s consent and with two Muslim witnesses listening to what is said by means of loudspeakers attached to the phone? Would this be considered a valid marriage contract in shari’ah?



Praise be to Allaah.
We put this question to our mufti and shaykh, al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, who replied that if what is described in the question is genuine (and is not done for the purpose of cheating), then it fulfils the purpose of meeting the conditions for nikaah, and the marriage contract is valid. And Allaah knows best.

Fiqh (jurisprudence and Islamic rulings) – Nikaah (marriage) – ‘Aqd al-Nikaah (marriage contract)



Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

http://www.islamqa.com/en/ref/3464/


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Is the marriage valid if the woman says to her fiancée “I give myself to you in marriage” in the presence of her wali?
Will the contract of marriage be valid if the woman says by herself to her fiancée “I give you myself in marriage” in presence of her walee (guardian) who is her father, two fair witnesses, and many of her and her fiancée’s relatives, with eejaab (Proposal of walee) and qabool (acceptance of the fiancée) of this by her walee’s permission and approval?.


Praise be to Allaah.

A woman does not have the right to do the marriage contract for herself, according to the majority of scholars, whether her wali (guardian) gives her permission or not. The wali should do the marriage contract himself or delegate another man to do the marriage contract on his behalf, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian).” Narrated by Abu Dawood (2085) and classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (1839).

Ibn Majaah narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “No woman can give a woman in marriage and no woman can give herself in marriage.” Al-Haafiz ibn Hajar said in Buloogh al-Maraam: the men (of its isnaad) are thiqaat (trustworthy).

It was classed as saheeh by Ahmad Shaakir in ‘Umdat al-Tafseer (1/285) and it was classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (1848).

Al-San’aani said in Subul al-Salaam:
This indicates that a woman cannot act as a wali in the case of marriage, whether for herself or for someone else. So she cannot give herself in marriage with the permission of her guardian or anyone else, and she cannot give someone else in marriage as a guardian or deputy. This is the view of the majority. End quote.

It says in Mughni al-Muhtaaj, which is a Shaafa’i book (4/239): A woman cannot give herself in marriage, i.e., she cannot do that in any circumstances, whether it is with permission or otherwise, whether she issues the proposal or accepts the proposal, because it is not appropriate for her to get involved with that, due to what is expected of her of shyness and modesty and because there is no reference to it in the sources.

And Ibn Majaah narrated: “No woman can give another woman in marriage or give herself in marriage.” It was also narrated by al-Daaraqutni with an isnaad that meets the conditions of the two Shaykhs (al-Bukhaari and Muslim). End quote.
Based on this, if the marriage contract was done in the manner asked about, then it is not valid and it must be repeated with the guardian himself or his deputy.

And Allaah knows best.

Islam Q&A
http://www.islamqa.com/en/ref/97117/


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Her father refused to marry her to someone so the judge did the marriage for her
My father is Muslim. He has wrong thoughts about Islam, such as his situation of hejab and mixing. He says: “will a person be judged if good or bad by his religiousness?” He says also that none can implement all the commands of Allah, even the prophet (PBUH) himself could not, meaning the issue of polygamy. My sister has rejected Islam and became Christian, and my father did not object to this, he even sees her as better than me. My mother is Christian as well.

A noble but disabled man has proposed to me and I accepted him. But my father refused him because he is disabled and from a simpler standard of living than ours. We are rich family.

After I completed my study at university, my family planned to cut my relationship with the good friends of mine, they planned to change my life gradually. So I left home and planned for marriage. Two months later I got married to the Muslim man in a shar’ee court.
The question: is my marriage islamically valid? What should my situation towards my family be? Shall I continue boycotting the relationship with them?.


Praise be to Allaah.
Firstly:
We praise Allaah for having enabled you to adhere to the path of guidance and righteousness and we ask Him, may He be glorified and exalted, to grant you more of His bounty.
Secondly:
The woman should endeavour to marry one who is religiously committed and of good character, who can protect her and take care of her, and enable and help her to practise her religion, as well as help her to raise righteous children in accordance with the principles and morals of Islam.
The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one whose religious commitment and attitude pleases you, then marry [your female relative who is under your care] to him, for if you do not do that, there will be tribulation on earth and much corruption.” Narrated by al-Tirmidhi (1084) from Au Hurayrah; classed as hasan by al-Albaani in Saheeh al-Tirmidhi.
Thirdly:
Marriage is not valid except with a wali (guardian), and a woman has no right to marry herself, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
And he (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid… and if there is any dispute, then the ruler is the wali of the one who has no wali.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 2709.
But if the wali refuses to marry the female relative under his care to a compatible man with whom she is pleased, then he is preventing her from getting married and guardianship passes from him to the next closest male relative on the father’s side.
Ibn Qudaamah (may Allaah have mercy on him) said: What is meant by preventing her marriage is preventing her from marrying a compatible man if she asks for that and each of them wants to marry the other…
And whether she asked to get married for a mahr (dowry) like that of her peers or less. This is the view of al-Shaafa’i, Abu Yoosuf and Muhammad.
If she wants to marry a specific compatible man, and he wants her to marry some other compatible man, and refuses to marry her to the one whom she wants, then he is preventing her marriage.
But if she asks to marry someone who is not compatible, then he has the right to refuse that and he is not regarded as preventing her marriage. End quote from al-Mughni (9/383).
Because guardians usually prevent marriage in such cases, there is nothing wrong with the woman referring the matter to the shar’i judge, who may then ask the guardians to do her marriage. If they refuse then he may do her marriage himself. The Prophet (peace and blessings of Allaah be upon him) said, as in the hadeeth quoted above: “and if there is any dispute, then the ruler is the wali of the one who has no wali.”
Based on this, your marriage contract is valid and it is not permissible to annull it, because the shar’i judge became your wali after your father refused to arrange your marriage.
Fourthly:
You have to honour your parents and treat them kindly, and uphold ties of kinship with them even if it is only by speaking to them on the phone, until they calm down and you are able to visit them, for parents’ rights are great. Hence the duty to honour them is mentioned repeatedly in the Qur’aan, as Allaah says (interpretation of the meaning):
“And We have enjoined on man to be good and dutiful to his parents; but if they strive to make you join with Me (in worship) anything (as a partner) of which you have no knowledge, then obey them not. Unto Me is your return and I shall tell you what you used to do”
[al-‘Ankaboot 29:8]
“And We have enjoined on man (to be dutiful and good) to his parents. His mother bore him in weakness and hardship upon weakness and hardship, and his weaning is in two years __ give thanks to Me and to your parents. Unto Me is the final destination.
15. But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience. Then to Me will be your return, and I shall tell you what you used to do”
[Luqmaan 31:14, 15]
You have no right to cut them off, rather you must strive to calm them down and put their minds at rest, and soften their hearts with money and gifts to earn their love, and ask Allaah to guide your family.
May Allaah help us and you to do that which He loves and which pleases Him.
And Allaah knows best.

Islam Q&A

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He married a woman without a guardian
I am in a foreign land and married a Christian girl who is also a foreigner in that country. Both of us do not have any relatives or friends or contacts in that country. I proposed to her and she accepted so I read the marriage statements and she accepted and than I read the marriage statement for my acceptance. I forgot the Mehr in statement but later paid some amount to her. There was no guardian for her as she is adult and independent and we could not arrange any witness. Question is:

1. Whether this is a valid religious marriage and is it not sin in Islam as we do not care for the social or legal aspect because we are foreigners. In other word we married keeping in view our God and do not want to be punished by God on day of judgment. (We lived like man & wife for some days).

2. As I was not sure about religious aspect of this marriage, we mutually decided that I should divorce her, and I did. Is it OK?

3. Do I need to marry her again if our marriage was not OK, in front of witnesses and any Guardian / Wali to relieve myself of any sin.



Praise be to Allaah.

Firstly:
It is not permissible for a man to marry a woman without the permission of her guardian, whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa’i, Maalik and Ahmad. This is based on evidence which includes the following:

The verses in which Allaah says (interpretation of the meaning):

“do not prevent them from marrying their (former) husbands”
[al-Baqarah 2:232]

“And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone)”
[al-Baqarah 2:221]

“and marry those among you who are single”
[al-Noor 24:32]

The point here is that these verses clearly stipulate that there be a guardian in marriage, because Allaah is addressing the guardian with regard to the marriage of the woman under his care. If the matter were up to her and not him, there would be no need to address him.

It is indicative of Imam al-Bukhaari’s deep understanding of issues of sharee’ah that he quoted these verses in a chapter which he entitled “Baab man qaala la nikaaha illa bi wali (Chapter on those who say that there is no marriage without a guardian).”
It was narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a guardian.”

(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. Classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Tirmidhi, 1/318)

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.”
(Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1840)
Secondly: If her guardian prevents her from marrying the person she wants for no valid reason according to sharee’ah, then the role of guardian passes to the next closest relative, so it passes from the father to the grandfather, for example.

Thirdly: if all of her guardians prevent her from getting married for no valid reason according to sharee’ah, then the ruler is her guardian, because of the hadeeth quoted above (“…If they dispute, then the ruler is the guardian of the one who has no guardian”)
Fourthly: if there is no guardian and no ruler, then her marriage is to be arranged by a man who has authority in the place where she is, such as the head of a village, or the governor of a province, and so on. If there is no such person, then she should appoint a trustworthy Muslim man to arrange her marriage.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
If there is no relative who can act as her guardian, then the position of guardian passes to the one who is most fit among those who have any kind of authority in matters other than marriage, such as the head of a village, the leader of a caravan, and so on.
Al-Ikhtiyaaraat, p. 350.

Ibn Qudaamah said: If a woman does not have a guardian and there is no ruler, then there was narrated from Ahmad that which indicates that her marriage should be arranged by a man of sound character, with her permission.
Al-Mughni, 9/362.

Shaykh ‘Umar al-Ashqar said:

If there is no ruler of the Muslims, or if the woman is in a place where the Muslims have no ruler, and she has no guardian at all, like the Muslims in America and elsewhere, if there are Islamic institutions in that country that take care of the Muslims’ affairs, then they should arrange her marriage. The same applies if the Muslims have a leader who is in charge or someone who is responsible for their affairs.

Al-Waadih fi Sharh Qanoon al-Ahwaal al-Shakhsiyyah al-Urduni, p. 70

The marriage contract must be witnessed by two adult male Muslims of sound mind. See question no. 2127.
Hence you have to repeat your marriage contract, and it is essential that the woman’s guardian be present, as stated above, as well as two witnesses.

And Allaah knows best.


Islam Q&A

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Conditions for valid marriage contract
What is the correct Islamic procedure for a marriage ceremony, I mean if two Muslims are married (legally) without the presence of a religious "person" (like imam etc.), does that mean the marriage is non-existent in terms of Islam?


All praise is due to Allaah.


A marriage contract is valid in Islam if the following conditions are met, even if the marriage does not take place in a court, or in the presence of a Judge or the Imaam of the masjid. In addition, it does not need to be written.

The waliy (guardian) of the girl has accepted the proposal by saying, for example, "I marry you my daughter", and the one who proposed has replied, for example, by " I accept," or "I am satisfied" (i.e. with his acceptance). This takes place in the presence of two witnesses The woman is legally eligible to marry the man according to Islamic shari'ah (that is she is not a Mahram of the proposer [those to whom the proposer is forbidden to marry. etc.])

Allah knows best.



Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
http://www.islamqa.com/en/ref/813

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tigerkhan
05-11-2011, 03:01 PM
^ so based on above fatwas, if a girl do love marriage in court, without premisssion of parent, is it valid.....?????
secondaly if a girl is a revert and her family didnot her islam and not supporting in any matter, could she marry to a muslim without the permission of her family ????
im asking bcz in pakistan many girls do court marriage without permission of their parents and our sharia court accept this and also provide them protection if necessary.
Reply

Zafran
05-11-2011, 04:15 PM
Originally Posted by tigerkhan
^ so based on above fatwas, if a girl do love marriage in court, without premisssion of parent, is it valid.....?????
secondaly if a girl is a revert and her family didnot her islam and not supporting in any matter, could she marry to a muslim without the permission of her family ????
im asking bcz in pakistan many girls do court marriage without permission of their parents and our sharia court accept this and also provide them protection if necessary.
salaam

Ofcourse thats because a sane women can marry without a wali in the Hanifi madhab - most pakistanis are hanifis.

Islam QA is givng you salafi point of view which does not allow a marriage without a wali just like shafis, hanbalis and malikis.

peace
Reply

Amat Allah
05-12-2011, 03:06 AM
Originally Posted by tigerkhan
^ so based on above fatwas, if a girl do love marriage in court, without premisssion of parent, is it valid.....????? secondaly if a girl is a revert and her family didnot her islam and not supporting in any matter, could she marry to a muslim without the permission of her family ???? im asking bcz in pakistan many girls do court marriage without permission of their parents and our sharia court accept this and also provide them protection if necessary.

Assalaamu Alikum Wa Rahmatullahi Wa Barakaatuh

here you are the answers for your Qs my respected brother May Allah be pleased with you Ameeeen:


Originally Posted by Amat Allah
Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): “There is no marriage without a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
Originally Posted by Amat Allah

And he (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali and two witnesses of good character.” Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami’ 7557.

And he (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 2709.

The woman’s guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the father’s paternal uncles; then the ruler. (al-Mughni 9/355). But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.

Originally Posted by Amat Allah
But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the father’s side.

Originally Posted by Amat Allah
Secondly: If her guardian prevents her from marrying the person she wants for no valid reason according to sharee’ah, then the role of guardian passes to the next closest relative, so it passes from the father to the grandfather, for example.
Originally Posted by Amat Allah

Thirdly: if all of her guardians prevent her from getting married for no valid reason according to sharee’ah, then the ruler is her guardian, because of the hadeeth quoted above (“…If they dispute, then the ruler is the guardian of the one who has no guardian”)

Fourthly: if there is no guardian and no ruler, then her marriage is to be arranged by a man who has authority in the place where she is, such as the head of a village, or the governor of a province, and so on. If there is no such person, then she should appoint a trustworthy Muslim man to arrange her marriage.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: If there is no relative who can act as her guardian, then the position of guardian passes to the one who is most fit among those who have any kind of authority in matters other than marriage, such as the head of a village, the leader of a caravan, and so on. Al-Ikhtiyaaraat, p. 350.

Ibn Qudaamah said: If a woman does not have a guardian and there is no ruler, then there was narrated from Ahmad that which indicates that her marriage should be arranged by a man of sound character, with her permission. Al-Mughni, 9/362.

Shaykh ‘Umar al-Ashqar said: If there is no ruler of the Muslims, or if the woman is in a place where the Muslims have no ruler, and she has no guardian at all, like the Muslims in America and elsewhere, if there are Islamic institutions in that country that take care of the Muslims’ affairs, then they should arrange her marriage. The same applies if the Muslims have a leader who is in charge or someone who is responsible for their affairs. Al-Waadih fi Sharh Qanoon al-Ahwaal al-Shakhsiyyah al-Urduni, p. 70
understood it my noble brother?

May Allah be with the whole Ummah and guide our way always and forever Ameeeeeeen
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tigerkhan
05-12-2011, 04:38 AM
^jzk sister. but i am following hanafi madhab.
Originally Posted by Zafran
Islam QA is givng you salafi point of view
jzk bro for this clearence. does salafi mean alhadith or shafi ?
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Zafran
05-12-2011, 04:43 AM
Originally Posted by tigerkhan
^jzk sister. but i am following hanafi madhab.

jzk bro for this clearence. does salafi mean alhadith or shafi ?
Salaam

Ahle hadith - But remember Both opinions are accepted.

peace
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Amat Allah
05-25-2011, 02:48 PM
Originally Posted by tigerkhan
does salafi mean alhadith or shafi ?

The meaning of the [word] Salaf is (Al-Mutaqaddimoon) the predecessors so every person that precedes another is a salaf for him but when this term is used unrestrictedly then it only refers to the first three praised generations from the companions (as-Sahaabah) and those that followed them (at-Taabi’oon) and those that followed them [Atba’ at-Taabyi’een]. They indeed are the pious predecessors (as-Salaf as-Saaleh). Whoever came after them and traversed upon their way (Minhaaj) then he is like them upon the way of the Salaf; even though he may have come after them with regards to time because as-Salafiyyah is a designation which applies to the way (Minhaaj)) which was traversed by the pious predecessors (as-Salaf as-Saaleh) (May Allah be pleased with them) as the Prophet (peace and blessings of Allah be upon him) said:


“Indeed my nation will split into seventy three sects all of them in the Fire except one and it is the united body (al-Jamaa’ah)

and in another wording:
“..whoever is upon the same as what I am upon and my companions.”
So based upon that then as-Salafiyyah here is specific in meaning, hence whoever is upon the way (Minhaaj) of the Sahaabah, the Taabi’oon and those who followed them upon goodness then he is a Salafi even if he is in our contemporary times and whilst it being the fourteenth century after the Migration [of the Prophet] (al-Hijrah).


Who are Ahlus Sunnah Wal-Jama’ah ? Ahlu Sunnah the same Alhu Alhadeeth...

Ahlus Sunnah Wal-Jama’ah’ are those who adherently cling and unite upon the ‘Sunnah’, not turning to other than it, neither in the affairs of the belief nor in the affairs of the actions. So for this reason they are called ‘Ahlus Sunnah’ (the people of the ‘Sunnah’) because they strictly adhere to it.

And they are called ‘Al-Jama’ah’ because they gather together and unite upon it.

However, if you were to consider the state of ‘Ahlul Bid’ah’, (the people of innovation), you would find them differing in what they are upon and in what they adhere to as is relates to both their methodology of belief, and likewise their methodology with regards to the practical implementation of the religion. This proves that they are far from the ‘Sunnah’, and that their distance from the ‘Sunnah’ is in relation to the amount that they have innovated.

and to me when coming across a stronger opinion, then I leave the Madhab I follow in that specefic matter for that which I believe to be the truth; especialy when its an opinion that the majority of Scholars had agreed upon then I prefer taking what many Scholars agreed upon than taking the opinion of one... and Allah knows the best...

Wa Assalaamu Alikum Wa Rahmatullahi Wa Barakaatuh
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Rhubarb Tart
05-25-2011, 03:11 PM
Originally Posted by tigerkhan
im asking bcz in pakistan many girls do court marriage without permission of their parents and our sharia court accept this and also provide them protection if necessary

The girl has right to marry without her parents’ permission if they refuse the potential for no valid reason like skin colour, tribe, culture, looks, disability etc. Look below:


Originally Posted by Amat Allah
Thirdly: if all of her guardians prevent her from getting married for no valid reason according to sharee’ah, then the ruler is her guardian, because of the hadeeth quoted above (“…If they dispute, then the ruler is the guardian of the one who has no guardian”)
Fourthly: if there is no guardian and no ruler, then her marriage is to be arranged by a man who has authority in the place where she is, such as the head of a village, or the governor of a province, and so on. If there is no such person, then she should appoint a trustworthy Muslim man to arrange her marriage
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al yunan
05-25-2011, 03:32 PM
Originally Posted by Amat Allah
and to me when coming across a stronger opinion, then I leave the Madhab I follow in that specefic matter for that which I believe to be the truth; especialy when its an opinion that the majority of Scholars had agreed upon then I prefer taking what many Scholars agreed upon than taking the opinion of one... and Allah knows the best... Wa Assalaamu Alikum Wa Rahmatullahi Wa Barakaatuh

Walaikum Assalam sister,

Thanks for the info and clarifications.
I basically follow Shafii but I seek advice (not Ruhsas) and follow from all four Mathab. Imam Shafi'i rahimullah said that 1. Taqlid is for nine years, 2. Should one find a better opinion to follow it. So we agree in principle and practice and I'm delighted to meet another Ahli Sunni wal Jamaah. Believe it or not sister we are fast becoming a minority.

May Allah S.W.T increase our Ilm and keep us safe from Dhulum.
Masalam
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