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

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

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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.

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" 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!"

Rulings on Marriage, - * Should he marry his cousin in secret?

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I am a 20-year-old young man. Some times ago, my cousin came to live at our home, the problem it is that she does not put the hijab and sometimes, we are alone at the house and she calls me to the fornication but I resist and I spoke to her about marriage. His father, besides not commanding the hijab to his daughter the hijab refuses to marry her because of its studies and I am afraid of giving in to his(her,its) temptation. I would want to know if we can get married in secret, without informing his father because she told me that he will never agree to marry her before the end of her studies, is before 5 years and I am afraid of fornicating with her and besides making it several times later.
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Praise be to Allah.
The presence of your cousin with you in the house, when she does not wear hijab and you see her and are alone with her is something that is haraam and is not permissible. When Islam forbade women to show their adornments and take off the hijab, and made it haraam for a woman to be alone with a non-mahram man, it forbade these things so that the matter would not develop further, as appears to be the case from your question.
What you must do is fear Allah, your Lord, and take precautions to keep yourself safe and far away from sin.
Either this woman should leave and live somewhere else, but it should be close to your family so that your father will be able to check on her at any time and be reassured of her welfare.
Or you could marry her, but it should be a valid marriage with the permission of her father. With regard to the idea that her father refuses to let her get married before she has completed her studies, if you have not heard that directly from him, then you should ask her father for her hand in marriage. That will undoubtedly be better than the situation you are in at present. We ask Allah, may He be exalted, to help and guide you both.
With regard to what you are asking about, namely marrying her in secret, this is not permissible for the following reasons:
Firstly: the approval of her guardian is one of the conditions of marriage being valid, as has been explained previously in fatwa no. 7989. If you marry her without the knowledge of her guardian, this will make the marriage invalid.
Secondly: marriage must be witnessed or announced openly, but you want it to be a secret marriage that no one knows about. A secret marriage that is not witnessed or announced openly is also an invalid marriage. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
As for getting married in secret, in which the parties agree to conceal it and not bring anyone to be witness to it, this is invalid according to most scholars, and it comes under the heading of illegal sexual intercourse. Allah, may He be exalted, says (interpretation of the meaning):
“All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse”
[an-Nisa’ 4:24].
End quote fromMajmoo‘ al-Fataawa(33/158)
And Allah knows best.

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