Islamic Marriage Articles, - Choosing a Spouse, - Conditions of the Walee(Guardian), -

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QUESTION:What exactly constitutes a guardian, as is needed in the nikkah ceremony? I am a female Muslim, and I want to know if my older brother is acceptable for this role.
ANSWER:
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 beingmahramsof 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.

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Miracles Of The Qur'an, - The Expanding Earth

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It is He Who stretched out the earth and placed firmly embedded mountains and rivers in it and made two types of every kind of fruit. He covers over day with night. There are signs in that for people who reflect. (Surat Ar-Ra‘d, 3)
The Arabic term“madda al-arda”translated“as stretched out”in the above verse, means “to be covered, spread out, stretched, pulled out, expanded or opened.” The use of this word in the context of the earth in referring to the formation of mountains and rivers is exceedingly wise, because looking at the scientific explanation of the formation of the earth, it does indeed appear that mountains and rivers formed through the stretching and expansion of the earth.
This photograph taken by NASA from space shows the Gulf of Aqaba and the Suez Canal, to the east of the Sinai Peninsula. The Sinai Peninsula, the Dead Sea and the River Jordan constitute the northern part of the Great Rift Valley.
Present day science says that the earth had a very different appearance in the very earliest times compared to what it is now. In his bookDie Entstehung der Kontinente und Ozeane(The Origin of the Continents and Oceans) printed in 1915, the famous German scientist Alfred Lothar Wegener proposed that all the continents had originally been one single land mass. This great land mass later came to be known by the Greek namePangaea, meaning “all continents. 47Because the plates t ...The most evident expansion taking place on the sea bed is that between Arabia and Africa, where the continents are moving away from one another three or four times faster. When the expansion takes place on the continent, rather than on the sea bed, the result is constantly widening valleys such as the Great Rift Valley in the East Africa-Arabia regions.
A reconstruction from the time when there was only one large continent - Pangaea- about 300 million years ago.The Great Rift Valle ...
The bookThe Expanding Earthdescribes how it is not only mountains, but also certain river beds that formed due to the “expansion” of the earth:
In all cases the greatest stress occurred at the location of the earth's major rivers. This development suggests that the major riverbeds came into existence as a result of expansion rather than random erosion. Since the continents were fixed on an expanding surface, it may be logically deduced that expansion caused the land masses to stretch and, at the points of greatest tension, to break, thus forming the rivers. 52
In statements regarding the continent of North America, the Utah Geological Research Center says:
The ranges and basins have been forming for the past 10 to 20 million years in response to east-west stretching of the earth's crust.Stretchingcreates tension that is released by slow continuous movement or sudden movement along a fault (a break in the earth's crust), which causes earthquakes. During an earthquake, the mountains rise while the valleys drop along the faults. The stretching continues today. 53
Facts such as the expansion of the earth can only be established by comprehensive research and common data from various contemporary branches of science. For example, photographs taken by satellite, the product of 20th century technology, have confirmed the view that the continents were once complementary to one another. Highly accurate measurements have revealed that the expansion in the earth’s crust is continuing at a slow but specific rate. The presence of such special information in the Qur’an, at a time when nobody could determine anything about the continents and, what is more, about formations that took millions of years to develop, once again shows that it is the word of Allah. The way that the Qur’an, revealed 1,400 years ago, contains such profound information about the formation of the earth, is one of its scientific miracles.
The Sun Will Eventually Expire
And the Sun runs to its resting place. That is the decree of the Almighty, the All-Knowing. (Surah Ya Sin, 38)

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Miracles Of The Qur'an, - Present-Day Radar Technology

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We gave David great favor from Us: 'O mountains and birds! Echo with him in his praise!' And Wemade iron malleablefor him: (Surah Saba', 10)
We gave Solomon understanding of it. Wegave each of them judgment and knowledge. We subjected the mountains to David, glorifying,and the birds as well. This is something We are well able to do. (Surat al-Anbiya', 79)
So Wesubjected the wind to him to blow at his command, softly,wherever he directed. (Surah Sâd, 36)
The above verses refer to the superior attributes bestowed on the Prophets David (as) and Solomon (as), and inform us that each was given knowledge from the Presence of Allah. The words chosen may refer to present-day radar technology, which works by the reflection of electromagnetic waves. (Allah knows the truth.) The word"awwibee"in verse 10 of Surah Saba', translated as"echoing"in the verse and meaning"the return or reiteration of sound,"is reminiscent of echo-based radar technology as well as radio receivers mentioned in previous pages.
An image of Warsaw in Poland obtained using radar.A radar image taken by satellite. This image, formed using microwaves, shows a mountainous region of Salt Lake City, Utah.
Radar is a location device used to determine the location, speed and direction of mobile or stationary objects, and works by reflecting micro-waves. 42The operating principle of radar bears a close similarity to the reflection of sound. For example, someone shouting in a valley or a cave hears his own voice being reflected back to him. If we know how fast sound travels through the air, we can calculate the distance and general direction of the object it bounces off.In the radar system, ...
Radar used to control the traffic in New Zealand.
This 27-meter-high radar facility, reminiscent of a fly's eye, scans the sky above northern Alaska and is used as an early warning system against ballistic missiles.
Air radar used to identify powerful storms and track their movements.
The use of the Arabic verb"alanna,"meaning"We have made malleable,"in the tenth verse of Surah Saba' is again exceedingly wise. Iron is still described as soft, or malleable, despite being physically very hard. This form of iron, known as"soft magnetic iron"because of its magnetic properties is used greatly in radar and satellite technology. 46Soft iron is used because it strengthens the magnetic field and can be opened and closed as desired.
"The wind being told to blow at his command"is how the Qur’an describes the power given to the Prophet Solomon (as). Verse 36 of Sura Sad may very well be a reference to electromagnetic signals being transmitted as desired in the air—thanks to the use of soft iron. (Allah knows the truth.)
This radar facility, constructed in Florida in the 1960s, was used to identify
ballistic missiles launched from submarines.This satellite photograph (above) taken on 2 March, 1999, shows the clouds over Ohio, USA. "Soft iron" is frequently used in satellite and radar technologies because of its magnetic properties. Soft iron strengthens the magnetic field. The expression "We made iron malleable for him..." in verse 10 of Surah Saba' may be a reference to the soft iron used in satellite and radio technologies. (Allah knows the truth.)
The radar imaging used today scans the world at every moment and developments taking place anywhere on the earth can thus be constantly monitored. In addition, data can be collected about physical features on earth, such as mountains, glaciers and the oceans—and also about man-made objects, such as houses, bridges and cars. This operating principle, as well as the materials used in this advanced technology, can be found in the Qur’an. Could anybody have know these facts in the middle of the Arabian Peninsula in the 7th century AD? This information can only have come from our Lord, Who created past and future as a single moment and Who is unfettered by time.

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