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Saturday, November 4, 2017

Marriage Contract, - * She wants to live with her husband without having a wedding party

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I would like to live in halal with my partner and live with him before we celebrate the wedding, as hes financially still not ready.
We both live in the same country, but different countries than both of our parents. We did the gotba, but were a long way from celebrating the big and expensive weddding my mother demands.
I assume it is allowed for us to live together after the halal/nikah?
However are we allowed to live together if my mom wants this only to be after the wedding?
Is she able to refuse me, if I am officially married (in front of God)?
We are both alone in this country and we would like to be together - we want our relationship to be halal in front of God and to be together until it is our time to have that big wedding (which we both dont even want).
I hope this could be answered as soon as possible as we will do the halal/nikah soon and we both gave up our rent.
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Praise be to Allaah.
Giving a wedding party and inviting people to express joy and announce the marriage, is something that is extra and recommended with regard to marriage, but it is not one of the conditions or essentials.
The Prophet (blessings and peace of Allah be upon him) said: “Proclaim the marriage.” Narrated by Ahmad (15697); classed as hasan by al-Albaani.
Al-Munaawi said: What is meant by proclaiming it is broadcasting news of it among the people.
End quote fromFayd al-Qadeer, 2/14
Ibn Qudaamah said: It is mustahabb to announce the marriage and bang the daff (hand drum) for it… so that it will become well known and recognized.
End quote fromal-Mughni, 9/467
Holding a wedding party is one of the most common ways of announcing the marriage.
There is no doubt that your mother’s request to have a wedding party is the desire of every mother who loves to express joy and celebrate her daughter’s wedding, as well as taking into account people’s traditions and culture.
So at least have a small party, even if it is limited to the family, at reasonable cost and avoiding extravagance and wasting money. This will please your mother and will also achieve the purpose of announcing and proclaiming the marriage.
If you cannot do that, there is nothing wrong with you going to live with your husband even if you do not have a wedding party, because the marriage contract is complete and valid so long as it is done with the consent of both spouses and the woman’s guardian, and in the presence of witnesses.
And Allah knows best.

























Friday, November 3, 2017

Comedy

காவல் அதிகாரி : உங்களை அரெஸ்ட் பண்றேன்,,,
:
வாங்க ஆஸ்பத்திரிக்கு ,,
:
அரசியல்வாதி : எதுக்கு ?
:
காவல் அதிகாரி : எப்பவும் ஜெயிலுக்குப் போனதும் நெஞ்சு வலின்னு ஆஸ்பத்திரிக்குத்தானே போகப் போறீர்,, அதான்.

Marriage Contract, - * She got married without a guardian through the courts







My older sister recently signed a marriage contract in the Country of Tunisia with a Muslim Man. She completed the marriage contract without her parents knowledge or families knowledge. Although the marriage has not been consummated and their must still be an Islamic marriage contract that must be completed، Tunisian law allows for a woman to make a marriage contract without family presence. My question is whether the marriage contract is halal or haram because of the fact that her family specifically her parents did not know about the marriage.
Her stance is that she has had very little support from her family to get married as they made little effort in the past to help her find a mate. I personally feel that her marriage is invalid but I dont know as I am not an expert with the laws of Islam. If the marriage is haram what would be the next step، should they file for divorce or something else.
I greatly appreciate if you can answer this question as this issue is difficult for our family and we need some guidance.
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Praise be to Allaah.
In order for a marriage contract to be valid it should be done by the woman’s guardian or representative. The woman does not have the right to give herself in marriage, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except with a guardian.” Narrated by Abu Dawood, 2085; al-Tirmidhi, 1101; Ibn Maajah, 1881, from Abu Moosa al-Ash ‘ari. Classed as saheeh by al-Albaani inSaheeh at-Tirmidhi.
And he (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 valid, her marriage is invalid.”
Narrated by Ahmad, 24417; Abu Dawood, 2083; at-Tirmidhi, 1102. Classed as saheeh by al-Albaani inSaheeh al-Jaami‘, 2709.
The woman’s guardian is her father, then his father (i.e., paternal grandfather), then her son, then his son (i.e., grandson, if she has a son), then her brother through her father and mother, then her brother through her father only, then their sons, then her paternal uncles, then their sons, then the ruler. See:al-Mughni, 9/355
This is the view of the majority of Maaliki, Shaafa‘i and Hanbali fuqaha’, and it is the correct view that is in accordance with the texts.
The Hanafis are of the view that a marriage concluded without the woman’s guardian is valid, and some courts follow this opinion.
Because of the difference of opinion among the scholars as to whether this marriage contract is valid, if the judge issued a verdict of validity concerning this marriage, then his ruling is not to be overturned and in that case it is said to be valid, so that there will not be any confusion among people.
Ibn Qudaamah (may Allah have mercy on him) said inal-Mughni(9/346), concerning a marriage contract that is done without a guardian:
If a judge has ruled that this marriage contract is valid, or if the one who did the marriage contract was a judge, it is not permissible to overturn that. This applies to all other marriages that may be regarded as invalid. And some of the scholars are of the view that it should be overturned because it is contrary to the text. But the former view is more appropriate, because this is a matter concerning which there is a difference of scholarly opinion and differences of opinion are acceptable in this case. End quote.
If your sister wants to be on the safe side, and the parents approve of the marriage, then she has to ask her husband to repeat the marriage contract with her father as guardian, so that the marriage contract will be valid beyond any shadow of doubt.
And Allah knows best.























Thursday, November 2, 2017

Share this Data

" நடிகை லட்சுமிராய்யைப் பார்த்து டோனி விழுந்து விழுந்து சிரிக்கிறாரே! ஏன்?"
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" கிரவுண்ட விட்டு வெளியே போன பால தூக்கி போடுன்னு சொன்னதுக்கு அரோமா பாக்கெட் பால தூக்கி போட்டுட்டாங்களாம்!"