Child marriage in Islam is subject to the condition that it serve a clear and real interest

From my understanding, Islamic Law states that if a girl passes puberty, she is allowed to be married – regardless of whether she is 9, 11, 15 etc Does the law take into consideration her emotional and mental readiness to be married, despite the physical ability to be able to bear children? It disturbs me that young girls who pass puberty are automatically believed to be whole-heartedly ready for marriage and motherhood JUST because she is physically able to do so. Isnt it equally important that she is emotionally and mentality ready for this role?
Also – does Islamic Law also state that if a boy passes puberty (regardless of his age), he is ALSO allowed to be married?.

Praise be to Allaah.

Firstly:

It is permissible for a man to arrange a marriage for his young son even if he has not reached puberty; it is also permissible for him to arrange a marriage for his young daughter even if she had not reached the age of puberty. It was narrated that there was consensus on this point, but that is provided that compatibility is taken into account and that a clear and real interest is served by this marriage.

Ibn ‘Abd al-Barr (may Allah have mercy on him) said:

The scholars are unanimously agreed that the father may arrange a marriage for his young daughter without consulting her. The Messenger of Allah (blessings and peace of Allah be upon him) married ‘Aa’ishah when she was six years old. Continue reading

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She wants to get married but her sons refuse

I have a question that has to do with my mother, who is asking us as her sons to approve of her marriage to a man whom we do not know and who is a stranger to us. Please note that my father died seven years ago and, moreover, she is sixty-three years old. She went with this person to the registrar to record their marriage without our knowledge, but the shaykh refused and stipulated that one of her sons should be present. When we refused to do that, she said that she would never forgive us for not accepting. I hope that you can advise us of a solution to this problem.

Praise be to Allaah.

Firstly:

If the husband has died and the woman wants to marry someone who is religiously committed and of good character, the guardian is obliged to arrange that marriage, whether the guardian is her father or her son, if the father is not there. And it is not permissible for anyone to prevent her, because this is one of her rights. It makes no difference whether the woman is old or young, or whether she has children or not.

The fact that the woman is old is not a barrier to her getting married, because there are many benefits in marriage, such as the woman’s need for someone to look after her affairs, take care of her, and keep her company in her house, instead of her living alone in her house with no company.

What you have to do is ask about this man who has proposed to your mother; if he is good in terms of religious commitment and character, then you have to arrange the marriage and it is not permissible for you to refuse to do so.

And Allah knows best. Continue reading

Ruling on a child born as the result of a marriage that was not officially documented

What is the ruling on a child who was born as a result of an ‘urfi marriage that was not documented? The shar‘i (legal) marriage contract was done after the child was born. Is this son legitimate? Is it regarded as zina (adultery) or not?
If it is regarded as zina, what is the shar‘i ruling?.

Praise be to Allaah.

The term ‘urfi marriage is used by people to refer to two types of marriage:

1.     Where the marriage fulfils all the conditions and necessary parts, the most important of which in this case are the agreement of the woman’s guardian and having the marriage witnessed, but it is not documented in the civil courts or it is not publicised among people. This is a valid marriage although it is a mistake not to have it documented, and there is no problem with attributing the child to his father in this kind of marriage.

2.     The second type is that to which people usually refer, which is when the woman gets married in secret, without the approval of her guardian. This is an invalid marriage and the partners must be separated.

Shaykh Ibn Baaz (may Allah have mercy on him) was asked: We hear about secret marriage, ‘urfi marriage, mut‘ah marriage and misyaar marriage. What is the shar‘i ruling on these marriages?

He replied: None of these types of marriage are permissible because they are contrary to sharee‘ah. The type of marriage that is permitted in sharee‘ah is that which is announced and which fulfils all the necessary parts of marriage and conditions required by sharee‘ah.

End quote from Majmoo‘ al-Fataawa, 20/428  Continue reading

She does not have any male relatives on her father’s side; can her mother’s husband or her brother through her mother be her wali (guardian) for the purpose of marriage?

There is a Sunni Muslim girl who is being cared for by her mother’s husband. She has received a marriage proposal from a compatible young man, but her mother’s husband is refusing to accept any marriage proposal for her because the girl is employed in a government department and he benefits from her salary. Is it permissible for her brothers through her mother to arrange her marriage? Please note that she does not have any full brothers, brothers through her father or paternal uncles, and the qaadi (judge) in our city is an Ithna-‘Ashari Shi‘i who does not rule according to the Qur’aan and Sunnah. Is her primary guardian in this case her mother’s husband or her brothers through her mother?.

Praise be to Allaah.

In order for the marriage to be valid, it is stipulated that it should be done by the wali (guardian) or his deputy, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except with a guardian 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‘, no. 7557

And the Prophet (blessings and peace of Allah 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.” Narrated by Ahmad, 24417; Abu Dawood, 2083; al-Tirmidhi, 1102. classed as saheeh by al-Albaani in Saheeh al-Jaami‘, no. 2709

At-Tirmidhi (may Allah have mercy on him) said: In this regard, what is to be acted upon is the hadeeth of the Prophet (blessings and peace of Allah be upon him), “There is no marriage except with a guardian,” according to the scholars among the Companions of the Prophet (blessings and peace of Allah be upon him), including ‘Umar ibn al-Khattaab, ‘Ali ibn Abi Taalib, ‘Abdullah ibn ‘Abbaas, Abu Hurayrah and others. End quote.

The woman’s guardian is her father, that his father (her paternal grandfather), then her son, then his son (this applies if she has a son), then her brother through her father and mother, then her brother through her father only, then her brother’s sons (her nephews), then her paternal uncles, then their sons, then the ruler. Continue reading

He married her in a ‘urfi marriage, then he divorced her three times. Is it permissible for him to marry her after that in a valid marriage without her first having been married to another husband?

I married my second wife in a ‘urfi [unofficial] marriage, so that my first wife would not know and ask for a divorce. There were some problems during the period of our short marriage which resulted in divorce three times. After that, I heard in a fatwa that ‘urfi marriage is haraam and is regarded as zina. Does that mean that it is possible for me to marry my second wife in an official, shar‘i marriage without her first having been married to another husband? Please advise me, may Allah reward you. Only Allah knows the extent of suffering that we are going through now, because life with my first wife is soon going to end at the request of my first wife. That will allow me to marry the second wife in an official, shar‘i marriage and announce it to the entire world. Is ‘urfi marriage really haraam and not recognised?.

Praise be to Allaah.

If what you mean by ‘urfi marriage is that you married the woman in a valid, shar‘i marriage with a mahr, and in the presence of witnesses and the woman’s wali (guardian), but you did not announce it to people or have it documented in the court, and you concealed it from your first wife, then it is a valid marriage according to Islam, and divorce, if it happens, is valid beyond any doubt. So it is not permissible for you to (re)marry her after having divorced her three times, until she has been married to another man in a genuine marriage, not a tahleel marriage (one aimed at making it permissible for her to go back to her first husband). The Prophet (blessings and peace of Allah be upon him) cursed the muhallil and the muhallal lahu. [The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.]  Continue reading

A Christian woman married a Muslim without a wali (guardian); is her marriage valid?

I will apologize in advance for my lengthy questioning. I am a Christian woman who just recently married a Muslim man. Firstly after reading some of the info on your website I am questioning if we are actually married under Islamic law, as since I had no wali, the Imam who performed the nikah became my wali for the ceremony. We are speaking of divorce. He has moved out of my house, and I do not know where he is living. We only communicate via text messaging because he says he cannot control his emotions when talking over the phone. He never actually said I divorce you, but we told others that we were getting a divorce. I told him I don’t know how an Islamic divorce actually works, so I will handle the legal documents from the state, and he can handle the Islamic part, but I don’t think he even knows how to go about that. I should probably state that we have only been married for four months. I married him two weeks after he was released from prison, because he said that he could not live with me if we were not married. We had a previous relationship with several children involved before he went to prison and became a “practicing Muslim” I agreed to a lot of things in regards to Islam in our household, letting him teach the children about Islam, giving up a male friend that I had for numerous years before I knew him, no pork, no music, no alcohol, dressing conservatively, etc. I even agreed that once we could afford to, I would get my tubal ligation reversed, because he says it is against Islam for my tubes to be tied, (even though the surgery and a future pregnancy has the potential to cause me great harm). I never said that I would stop celebrating some holidays and he agreed. I never promised that I would convert either, but now this is a problem. He feels as though he cannot deal with me because I haven’t converted yet. I told him that I used to have a genuine interest in Islam, until he continuously “harassed me about it” I try to hold conversations with him, and he says unless it is about Islam, there is nothing to talk about. We are both not happy, but I don’t think that divorce is a good idea either. One major issue is that he feels as though I hate Islam, which I don’t, but I have said some not so nice things to him about Islam, because he constantly belittles me and is very condescending about my religion. Are we allowed to agree to disagree about our religious views? I also am very concerned that he is talking to women on Facebook, one who he has had a prior sexual relationship with, but he states that it is all innocent, he is only talking with them about Islam, but I was able to see messages where he asked several women if they were married or not, which I don’t feel is appropriate. He also made conversation with a woman from another country about flying her here to the US. How can he do this? He is not even taking care of me and our family. He has no money, or work, and I take care of us all, all 13 of us. A lot of things that he does and says seem to push me further away from Islam, because he seems so selfish and I feel like he uses Islam to excuse behaviors that I feel are inappropriate. We were once having relations in the bedroom, and we had not had intercourse yet, but he had already climaxed, so when we tried to have intercourse, because I hadn’t yet climaxed of course, he withdrew in the midst of it, got up, and said we’ll try later it’s time for prayer. I felt very hurt and ashamed, but he said he doesn’t have to justify anything to me. I thought Muslims were to treat their wives with kindness. He says that he can’t love me because I am not Muslim. Is this true? He also says that I am not allowed to talk to anyone about our marital problems, but what am I to do if I can’t even get him to talk to me about our problems? When I bring to his attention about facts in Islam, that he is not adhering to, he states that I am not a believer, and can’t tell him anything about Islam. I even told him some information that I learned from this website, that he also frequents, but he still says I have no right to question him, and that I am just fuel for the Hell-fire because obviously Allah has placed a veil over my heart. Please help.

Praise be to Allaah.

Firstly:

In order for the marriage to be valid, it is stipulated that the contract be done by the woman’s guardian.

The guardian of a Christian or Jewish woman is a male relative who is a follower of the same religion: her father, grandfather or brother… If there is no such relative or he refuses, then her marriage contract is to be done by the Muslim judge if there is one; if not, her marriage should be done by the director of the Islamic Centre in her locality, because the basic principle with regard to guardianship in the case of marriage is that it belongs to the father, then to male relatives, the closest then the next closest. If there are no male relatives or they are not qualified to be guardians for any reason, or if they refuse for no good reason, then guardianship passes to the ruler or one who takes his place.

Fataawa al-Lajnah ad-Daa’imah, 18/162  Continue reading

Are the marriages of the disbelievers regarded as valid for them and are the children to be attributed to them?

Without nikah child birth is haram. it means every non Muslim in todays world is living haram? because his/her parents didn’t do nikah. can u clear my mind about this. basically my question is. in today’s world is every non Muslim live haram?.

Praise be to Allaah.

Firstly:

Marriages that are regarded by the disbelievers as valid are approved by Islam and deemed to be valid, and the same consequences apply to them as to marriages that are sound according to sharee‘ah, such as legitimacy of children and inheritance between the spouses, and other rulings connected to valid marriage.

At the time of the Prophet (blessings and peace of Allah be upon him) many people became Muslim and he did not ask about the details or conditions of their marriages; rather he approved of them, which indicated that they were valid.   Continue reading

Is there any saheeh report in the Sunnah that speaks of reciting a particular soorah of the Qur’aan before travelling?

I read a hadeeth from Jubayr (may Allah be pleased with him) which says that the Messenger of Allah (blessings and peace of Allah be upon him) said: “When you want to set out on a journey, you have recite Soorat al-Kaafiroon, an-Nasr, al-Ikhlaas, al-Falaq and an-Naas, but in one go, and start with the basmalah and end with the basmalah.” We need an answer to this in the light of the Qur’aan and Sunnah.

Praise be to Allaah.

The text of the hadeeth referred to in the question is as follows:

It was narrated that Jubayr ibn Mut‘im said: The Messenger of Allah (blessings and peace of Allah be upon him) said to me: “O Jubayr, when you set out on a journey, would you like to be the best of your companions in appearance and quantity of provisions?” I said: Yes, may my father and mother be sacrificed for you. He said: “Recite these five soorahs: ‘Qul ya ayyuhal kaafiroon’ [al-Kaafiroon 109], ‘Idha ja’a nasr Allahi wal fath’ [al-Nasr 110], Qul Huwa Allahu ahad [al-Ikhlaas 112], Qul a‘oodhi bi rabbi’l-falaq [al-Falaq 113] and Qul a‘oodhu bi raabi’n-naas [an-Naas 114]. Start your recitation by saying Bismillah ir-Rahmaan ir-Raheem and end your recitation by saying Bismillah ir-Rahmaan ir-Raheem.” Jubayr said: I was rich and had a great deal of wealth, and I used to set out with whomever Allah willed I should set out with on a journey, and I would be the worst of them in appearance and the least in terms of provisions. From the time the Messenger of Allah (blessing and peace of Allah be upon him) taught me it, I have never stopped reciting them, and I am one of the best of them in appearance and have the most provisions, until I come back from my journey.

This was narrated by Abu Ya‘la in his Musnad, 13/339, hadeeth no 7419.

This is a da‘eef (weak) hadeeth; its isnaad includes unknown narrators.

Al-Haythami said concerning it in Majma‘ az-Zawaa’id (10/134): (Its isnaad) includes people who I do not know.

Shaykh al-Albaani said concerning it in as-Silsilah ad-Da‘eefah (6963): (it is) munkar.

Based on that, it is not valid to quote this hadeeth as evidence to suggest that it is mustahabb to recite any soorahs of the Qur’aan before travelling. By the same token, it is not valid to quote it as evidence for saying the basmalah at the beginning of each soorah.

See also the answer to question no. 149125

And Allah knows best. Continue reading

He stipulated that she should look after his father, then he took a second wife and she asked him for separate accommodation and to divide the work with her co-wife

The questioner got married to a woman after explaining to her his father’s situation, as his father is sick and needs someone to take care of him. She agreed to that, but now he wants to marry a second wife, but the first wife said: If you take a second wife, then it is my right to ask for separate accommodation and to share the care of your father between us (wives). What is your opinion on that? The questioner is saying: How can she request this when it was stipulated from the beginning that she should take care of his father; in fact he only married her for this purpose and no other?.

Praise be to Allaah.

Allah has enjoined fulfilment of covenants and promises. He says (interpretation of the meaning): “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1]. The most important covenant that is to be fulfilled is the marriage contract, whether by the husband or by the wife. It was narrated that ‘Uqbah ibn ‘Aamir (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhaari (2572) and Muslim (1418).

Based on that, what is required from the wife is to fulfil the condition that her husband stipulated, which is to serve and take care of his father. It seems to us that the wife has no right to ask him to divide this work between her and her co-wife, because that was not stipulated in the marriage contract; furthermore, she knows that Allah has permitted him to marry another woman, and she did not stipulate that he should not take another wife.

As for her request for separate accommodation, she has the right to that unless it was stipulated before marriage that she should take care of his father in his house and that she would not have accommodation separate from his father. In that case, she is obliged to adhere to the two conditions regarding accommodation and taking care of the father, and she does not have the right to ask for separate accommodation or for the work to be divided between her and her co-wife, unless the husband doest hat on his own initiative. Continue reading

Her parents want her to marry her paternal cousin and are rejecting a suitor who is not family

Praise be to Allah, I have been practising the teachings of Islam for four years. Since I started to do that, my father and mother have been trying to get me to marry my paternal cousin who lives in the West; he does not have a beard and his knowledge of Islam is extremely limited, although he prays the five daily prayers. But I want a person who understands my enthusiasm for Islam and will be better than me in knowledge so that I can learn from him. But my parents are telling me that I could teach him.
My father also used to abuse me sexually from the time I was eleven years old, and I was terrified and very young, so I kept quiet. When I got older, I told my mother, but she is weak and is afraid that my father will leave her, so she believed him and not me.
Now my parents do not like me and they call me a “Wahhabi” because I am not a Shaafa‘i like them. They insult me all the time in front of other family members. Now, praise be to Allah, my younger brother and my sisters are religiously committed, but my parents are telling me to stop contaminating the minds of their children. It is difficult for me to obey them because they are asking too much of me and they are persisting in mistreating me and calling me names. I no longer have any relationship with my father who refuses to speak to me about anything apart from exchanging greetings, because he says that I have accused him of serious things and because I only asked him not to touch me in that way. He believes that he is in the right and he does not believe that he has ever done anything wrong, because he did that to all of my sisters, but they did not say anything although one of them ran away from home.
Now there is a brother who my brother thinks is suitable for me; he is religiously committed and has knowledge, but he is not from my country and my parents rejected him because they want me to marry my paternal cousin. I do not care about their rejection of this brother, but they are refusing to meet him and they say that the Prophet said that we should marry someone who is compatible to us, i.e., one of our family. I have tried to speak to them but they always insult me, and my mother cries and says that no one wants to listen to her and obey her. Is my refusal to marry my cousin regarded as disobedience towards them? I hope that you can advise me about how to deal with this situation, because I am very confused and am scared that Allah will punish me because my parents believe that I am not giving them their rights.
Was I wrong to tell my mother about what my father was doing to me? But I have young sisters in the house and I am scared that my father will abuse them too. This thing destroyed my relationship with him and I do not want it to happen to them; I want them to love my father and obey him. This is what I find difficult now because of what happened in the past. Is my father right when he says that he has the right to do whatever he wants with us, because he is our father and it is even permissible for him to have intercourse with us. He said that it is haraam for us to say no to our parents because Prophet Ibraaheem never said no to his parents. I want to obey my parents but they are making it extremely difficult. I hope that you can advise me, O shaykh.

Praise be to Allaah.

Inna Lillaahi wa inna ilayhi raaji‘oon (Verily to Allah we belong and unto Him is our return).

This is a very serious matter which shocks us to the core. How can the shepherd who is entrusted with the care of his flock turn into a ravenous wolf? How can a person — no matter what his knowledge and education — sink so low he thinks he has the right to do anything with his daughters, even as far as intercourse, and justify that as obedience to parents. Glory be to You (O Allah), this is a great lie.

Undoubtedly the one who regards that as permissible is a kaafir according to the consensus of all Muslims. The fact that this is haraam is well known to any Muslim, and doing it is a perversion which no one would dare to do openly except a heretic.

You did right to tell your mother and to take all measures to prevent him from doing these perverted and deviant acts with you. You have to treat him kindly and obey him in that which is right and proper, not in something that is a sin.

You do not have to marry your paternal cousin; you have the right to accept him or reject him. It is not permissible to force a woman to marry someone she does not want, because the Prophet (blessings and peace of Allah be upon him) said: “The previously-married woman has more right concerning herself than her guardian does, and the virgin should be asked for permission, and her permission is her silence.” Narrated by Muslim, 1421.

And he (blessings and peace of Allah be upon him) said: “A previously-married woman should not be married until she has been consulted, and a virgin should not be married until her permission has been sought.” They said: O Messenger of Allaah, what is her permission? He said: “If she remains silent. Narrated by Muslim, 1491.

If the righteous man whom you like proposes marriage but your father rejects him because he is not one of your family, then he is preventing you from marrying, and guardianship of you passes from him to the next closest male relative, who is the grandfather if he is present, then your brother. He may give you a marriage without the consent of the father. But you have to pay attention to negative consequences that may result from that.

See the answer to question number 7193.

We advise you to do a lot of acts of worship, turn to Allah and ask Him to protect you and your sisters.

We ask Allah to help and guide you.

And Allah knows best. Continue reading