Salam Alaikom, My daughter and I are traveling to Egypt soon where she
will be engaged. Her father will not be present as we are divorced and
he also is not Muslim and cannot leave the U.S. I am
muslimalhamdulilah and my daughter is also muslim alhamdulilah. Is it
permissable for me to accept this engagement without her father being
present since he is a non Muslim and cannot travel out of the country.
My daughter is 19 years old and she has never been married and she has
not had sexual intercourse with anyone. Having saidall these facts
could you please give me clarification on this matter. Thank you
Jazakallah Kheir
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
Accepting the person who proposes for marriage is the right of the
woman/girl whom the man had proposed to; it is for this reason that
the Prophet put the matter in her hands as per the Hadeeth of Ibn
'Abbaas in which the Prophet said: " A woman who has been previously
married is more entitled to her person than her guardian [i.e. she
should not be given in marriage except after consulting her]; and a
virgin womanshould not be given in marriage except after
herpermission, and her permission is her silence. " [Muslim]
Therefore, in proposing for marriage, the consentor presence of the
guardian is not a condition, but his consent and presence area
condition only when concluding marriage. Moreover, the guardian must
be a male; and a woman is not permitted to give herself in marriage,
nor is it permissible for a woman to give another woman in marriage.
For more benefit on the order of the guardians of a woman, please
refer to Fataawa 83338 and 86555 .
Also, it is a condition that the guardian be a Muslim, and it is not
permissible for a non-Muslim man to give a Muslim woman in marriage
even if she is his daughter. Therefore, if a woman has no Muslim
guardian, then it is the Islamic judge who marries her off, and if
again there is no Islamic judge, then she should entrust a just and
trustworthy Muslim man to marry her off as clarified in Fatwa 88488 .
Allaah Knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -
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