Saturday, June 4, 2016

Engagment, - Dought & clear, - * Is it permissible forthe woman’s guardian to refuse to give her in marriage to someone who is compatible, because of some problems between the two families?



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I would like to know if it is permissible for the parents to reject a guy for their daughter because the parents had some problems with the guys family 30yrs ago but the two families always maintained a good relationship between each other.And the guys family are religious they have a good status in the society the guy is also religious.
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Praise be to Allaah.
The Muslims should put an end to all disputes among themselves that may generate resentment and hatred. The believers are brothers and Allah has enjoined reconciliation between believers who are fighting. He also described them as brothers in the faith.
So they should try to forget this resentment, especially if they have any measure of religious commitment, as it says in the question. If the guardian hopes that this marriage may be a means of removing that resentment and hatred, then he is enjoined to go ahead with arranging a marriage for two reasons:
1. Because the woman has received a proposal from a man who is compatible
2. In order to try to deal with the hostility (between the families).
Al-Tirmidhi (1084) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “If one of you receives a marriage proposal (for his daughter or other female relative under his care) from one whose religious commitment and good character are pleasing to you, then give (your daughter or female relative) to him in marriage, for if you do not do that there will be turmoil in the land and a great deal of mischief.”
Classed as hasan by al-Albaani inSaheeh al-Tirmidhi.
But if the guardian fears that there will be a renewal of the problems and that his daughter may be wronged and ill-treated by this family, and they will not treat her kindly, then in this case it is permissible for him to refuse this marriage, because the guardian is acting in the interests of the one who is under his guardianship, and her interests in this case are served by not marrying this man.
And Allah knows best.







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Engagment, - Dought & clear, - * If the fiancé dies before the marriage contract, does his fiancée inherit from him?



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A man proposed marriage to a woman and her relatives agreed to that, and they agreed on the mahr with him, but he did not pay it. Then the fiancé died. What is the ruling on that? Does the woman in question inherit from him and should she observe mourning for him?.
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Praise be to Allaah.
If the situation is as you describe in the question, and the marriage contract had not been done between them, with the proposal from the woman's guardian and acceptance from the husband, whilst fulfilling all the conditions of marriage, with no impediments, then the woman mentioned does not inherit and she does not have to observe ‘iddah or mourning, because she is not a wife to her fiancé; rather she is still a stranger or non-mahram to him, because the marriage contract had not been done; rather all that happened was engagement and agreement with her relatives on the mahr only. This on its own is not regarded as a marriage, and there is no difference of opinion among the scholars (may Allah have mercy on them) concerning that. And if the family of the fiancée had taken any money from him, they have to give it back to his heirs.












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