More Material on Marriage

[Sadiyah]

Assalamo alaykum,

I was thinking of posting something on the importance and role of a wali. While browsing, I came across a few fatawa that I thought I should share as well.

I apologize, as some of these responses are rather long; however, I thought it’d be good if I post them in entirety.

Conditions of walee (guardian)

Praise be to Allaah.

*** There are three pillars or conditions for the marriage contract in Islam:***

1. Both parties should be free of any obstacles that might prevent the marriage from being valid, such as their being mahrams of one another (i.e., close relatives who are permanently forbidden to marry), whether this relationship is through blood ties or through breastfeeding (radaa’) etc., or where the man is a kaafir (non-Muslim) and the woman is a Muslim, and so on.

2. There should be an offer or proposal (eejaab) from the walee or the person who is acting in his place, who should say to the groom “I marry so-and-so to you” or similar words.

3. There should be an expression of acceptance (qabool) on the part of the groom or whoever is acting in his place, who should say, “I accept,” or similar words.

*** The conditions of a proper nikaah (marriage contract) are as follows:***

1. Both the bride and groom should be clearly identified, whether by stating their names or describing them, etc.

2. Both the bride and groom should be pleased with one another, because the Prophet (peace and blessings of Allaah be upon him) said: “No previously-married woman (widow or divorcee) may be married until she has been asked about her wishes (i.e., she should state clearly her wishes), and no virgin should be married until her permission has been asked (i.e., until she has agreed either in words or by remaining silent).” They asked, “O Messenger of Allaah, how is her permission given (because she will feel very shy)?” He said: “By her silence.” (Reported by al-Bukhaari, 4741)

3. The one who does the contract on the woman’s behalf should be her walee, as Allaah addressed the walees with regard to marriage (interpretation of the meaning): “And marry those among you who are single…” [al-Noor 24:32] and because the Prophet (peace and blessings of Allaah be upon him) 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 al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)

4. The marriage contract must be witnessed, as the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage contract except with a walee and two witnesses.” (Reported by al-Tabaraani; see also Saheeh al-Jaami’, 7558)

It is also important that the marriage be announced, as the Prophet (peace and blessings of Allaah be upon him) said: “Announce marriages.” (Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami’, 1027)

*** The conditions of the walee are as follows:***

1. He should be of sound mind

2. He should be an adult

3. He should be free (not a slave)

4. He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.

5. He should be of good character (‘adaalah – includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.

6. He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: “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; see also Saheeh al-Jaami’, 7298)

7. He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.

The fuqahaa’ put possible walees in a certain order, and a walee who is more closely-related should not be ignored unless there is no such person or the relatives do not meet the specified conditions. A woman’s walee is her father, then whoever her father may have appointed before his death, then her paternal grandfather or great-grandfather, then her son, then her grandfathers sons or grandsons, then her brother through both parents (full brother), then her brother through her father, then the sons of her brother through both parents, then the sons of her brother through her father, then her uncle (her father’s brother through both parents), then her father’s brother through the father, then the sons of her father’s brother though both parents, then the sons of her father’s brother through the father, then whoever is more closely related, and so on – as is the case with inheritance. The Muslim leader (or his deputy, such as a qaadi or judge) is the walee for any woman who does not have a walee of her own.

And Allaah knows best.

** Ref:** Conditions of walee (guardian)

[Sadiyah]

Re: More Material on Marriage

This is to be taken in context and properly read and understood, as it could lead some to be hasty and perhaps even make wrong decisions (at times). In my opinion, it’s good to further consult a scholar if someone is in a similar situation.

The girl’s father disagrees with a marriage –what is the solution?

Praise be to Allaah.

Firstly: it is not permissible for a man to marry a woman without the permission of her walee (guardian), regardless of whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa’i, Maalik and Ahmad. They take as evidence (daleel) the words of the Prophet (peace and blessings of Allaah be upon him):

“There should be no nikaah (marriage contract) except with a wali (guardian).”

(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. It is saheeh, as stated in Irwaa’ al-Ghaleel,6/235, by al-Albaani, may Allaah have mercy on him).

And the hadeeth:

“Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. If her husband has consummated the marriage, then the mahr belongs to her in return for that. If she does not have a wali then the (Muslim) ruler is the wali of anyone who does not have a wali.”

(Narrated and classed as hasan by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879).

Secondly: if her wali prevents her from marrying the person she wants with no shar’i reason for doing so, the guardianship passes to someone who is fit to be a wali, so it may pass from her father to her grandfather, for example.

Thirdly: if all her guardians prevent her for no shar’i reason, then the (Muslim) ruler will be her wali, because of the hadeeth, “…If she does not have a wali, then the (Muslim) ruler is the wali of anyone who does not have a wali.” The “ruler” here means the judge who rules according to sharee’ah.

The wali does not have the right to prevent a woman from marrying on the basis of his own whims and with no shar’i reason.

It was reported that al-Hasan said: Ma’qil ibn Yassaar told me that [this aayah] was revealed concerning him. He said: “I married a sister of mine to a man, and he divorced her. When her ‘iddah was over, he came and asked to marry her. I said to him, ‘I married her to you and I treated you well and honoured you, then you divorced her. And now you come asking to marry her! No, by Allaah, she will never go back to you!’ He was a man who had nothing wrong with him, and the woman wanted to go back to him. Then Allaah revealed this aayah (interpretation of the meaning): ‘…do not prevent them …’ [al-Baqarah 2:232]. So I said, ‘Now I will do it, O Messenger of Allaah.’” So he married her to him. (Narrated by al-Bukhaari, 4837).

According to another report, he said:

“It was concerning me that this aayah was revealed (interpretation of the meaning): ‘And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands’ [al-Baqarah 2:232].

Fourthly: If there is no wali and no shar’i judge, then her case should be referred to the ruler or whoever is acting in his stead. If there is no such person, then her case should be referred to the sharee’ah courts. If there is no sharee’ah court, then her case should be referred to a man who holds a position of leadership among his people and is committed to Islam. If there is no such man, then her case should be referred to any trustworthy and religiously-committed man who is fit to be a wali.

Ibn Qudaamah said: if a woman does not have a wali and there is no ruler, then according to Ahmad, any religiously-committed man may arrange her marriage with her permission. (al-Mughni, 7/352).

Shaykh ‘Umar Al-Ashqar says:

If there is no Muslim ruler and the woman is in a place where the Muslims do not have a ruler and she has no wali at all, such as the Muslims in America etc., then if there are Islamic organizations in that country which take care of the Muslims’ affairs, they should step in and take care of arranging her marriage. The same applies if the Muslims have a leader whom they obey or someone who takes care of their affairs. (Al-Waadih fi Sharh Qaanoon al-Ahwaal al-Shakhsiyyah al-Urduni, p. 70).

All of this [transferring guardianship to someone other than the girl’s father] must be with the consent of the girl and should not result in greater corruption than preventing you from marrying her. It should also be on the condition that the reason for [the father’s] refusal is invalid according to the sharee’ah, as you have explained.

Fifthly: it is not permissible for the walee to refuse marriage because the prospective husband does not follow his manhaj of da’wah, or because he is not of his tribe or from his country. The Prophet (peace and blessings of Allaah be upon him) commanded us to marry religious people and not to refuse them, otherwise corruption and tribulation would be the result.

Abu Hurayrah said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If someone whose religious commitment and attitude pleases you proposes marriage, then marry [your female relative under your charge] to him. If you do not do that, there will be tribulation in the land and much corruption.” (Narrated by al-Tirmidhi, 1084; Ibn Maajah, 1967. Classed as saheeh by al-Albaani, may Allaah have mercy on him, in al-Silsilah al-Saheehah. 1022).

Sixthly: by the same token, it is not permissible for a woman to justify a marriage to whomever she wishes on the grounds that this person is following the same manhaj of da’wah. It is sufficient for her that the person who is proposing marriage is religiously committed and has a good attitude.

And all parties concerned should remember that their Lord, may He be blessed and exalted, is always watching them.

Ref: The girl’s father disagrees with a marriage –what is the solution?

[Sadiyah]

Re: More Material on Marriage

This happens all the time and it could be a real problem. I suppose those who get into such marriages under pressure are least likely to get out of them even if they be unislamic or against their wishes, as they only got into such a marriage because of their parents.

In any case, it’s worth reading and actually more or less the same to what I posted in another thread, but I thought I’d share it anyway.

Parents forcing their daughter into a marriage

Praise be to Allaah.

It is not permissible for a woman to be made to marry someone she does not want. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “A previously-married woman should not be married without being consulted, and a virgin should not be married without asking her permission.” They said, “O Messenger of Allaah, how is her permission given?” He said, “By her silence.” (Reported by al-Bukhaari, 6455).

‘Aa’ishah reported that a girl came to her and said, “My father married me to his brother’s son in order to raise his social standing, and I did not want this marriage *.” ‘Aa’ishah said, “Sit here until the Prophet (peace and blessings of Allaah be upon him) comes. The Messenger of Allaah (peace and blessings of Allaah be upon him) came and she told him about the girl. The Prophet (peace and blessings of Allaah be upon him) sent for her father, then he gave the girl the choice of what to do. She said, “O Messenger of Allaah, I have accepted what my father did, but I wanted to prove something to other women.” (Reported by al-Nisaa’i, 3217).

So, both the guardian and the woman must agree to the marriage. With regard to your request for our advice regarding the problem mentioned in the question, so long as this marriage has taken place, it is better for the woman to try to keep it going as much as she can, and to try to accept this husband. She should seek reward through pleasing her parents and also try to reform her husband through a gentle approach and praying for guidance for him. And Allaah is the Source of Strength.

Ref: Parents forcing their daughter into a marriage*

[itsme01]

Re: More Material on Marriage

^^ will read when need it