Dought & clear, - What if her brother is her wali and he entrusts the matter of her marriage to her maternal uncle?.

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A girl lives with her grandmother and maternal uncle. She also has a brother who lives in another country. She does not have other relatives and her brother is her wali ‘guardian’ but he entrusted his uncle to be her guardian and to get her married. So a student of knowledge started the marriage contract in presence of witnesses and under the guardianship of her uncle on behalf of her brother. Is this marriage contract valid or not? The contract has taken place already, but she did not start living with him yet. If her brother comes to attend her wedding, should they redo the contract or it is valid already?.
Praise be to Allaah.
The wali may appoint someone else to take care of the marriage of the female relative under his care, whether he is one of her relatives, such as her maternal uncle, or someone else.
Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (7/14): It is permissible to delegate guardianship in the case of marriage, whether the wali is present or absent, because it is narrated that the Prophet (peace and blessings of Allaah be upon him) delegated Abu Raafi’ with regard to his marriage to Maymoonah, and he delegated ‘Amr ibn ‘Umayyah with regard to his marriage to Umm Habeebah. And because it is a contract of exchange, so it is permissible to delegate it, just as it is permissible to delegate to others in matters of buying and selling. End quote.
Fataawa al-Lajnah al-Daa’imah (18/103): The shar’i form of the marriage contract includes the proposal of the wali or his deputy, and the acceptance of the husband or his deputy, and that should be in the presence of two witnesses of good character. End quote.
Based on that, the marriage contract which was done in this case by the maternal uncle acting as the brother’s deputy, is a valid marriage, and it is not essential that the brother be present on the wedding day.

- PUBLISHERNajimudeeN M

For children, - Immigrant Stories: Removing the obstacle(Muslim Immigration to Canada)

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A qualified Muslim medical worker from India immigrated to Canada to live a better life. This Muslim brother had a beard. He applied to many different places for a job and was called for interviews. Though he was highly qualified for the jobs, the interviewers hesitated to hire him because of his beard. One by one, he was rejected from all the companies. One interviewer actually mentioned to him indirectly that his beard was an obstacle to getting the job.
Truly, it was a big test for him from Almighty Allah. Hopeless and exhausted, the Muslim brother decided to remove the obstacle, which was to shave off his beard. Then he returned to that company and requested for another interview. When the interviewer saw him without a beard this time, he refused to give him the job again. The Muslim brother became confused and asked to know the reason. The interviewer said "If you are not faithful to your Almighty Allah, how will you be faithful to us?"
This true incident was narrated to us by a friend who personally knows this Muslim brother, however, his identity will remain private. In reality, obeying the commandments of Almighty Allah does not bring failure. In the beginning, we may face various problems, but the end results will be very sweet. Prophet of Allah (SAW) also faced many problems in the beginning, but in the end, he saw how hundreds and thousands of people turned towards Almighty Allah for his steadfastness.

- PUBLISHERNajimudeeN M

Fathwa, - Her husband did not tell his new wife that he can not have children

Question
Im first wife of my husband and i know he can not have children,he
told me about this before merryd,its also confirmed by doctors.He got
merry second time but he didnt inform her that he can not have
children.I feel in some way quilty that i am aware of my situation and
she doesnt know anything and have hope that he will give her
children.I feel sorry for her much more because she is very young and
would have chance to have happy life whit children and in my opinion
my husband cheated on her,dont telling the true about his healt
condition before merryd her.Do i should inform her about this?Will it
be sin for me if i tell her?I told my husband that she should know and
he should inform her but he doesnt want to do it.I think he doesnt
want to tell her because if she knew she would never merryd him.
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,
is His Slave and Messenger.
If the matter is as you mentioned that doctors confirmed that your
husband could not have children, it was obligatory for him to inform
his second wife of that before marrying her because concealing this
from her is considered cheating. For further information, see Fatwa
87814.
Nevertheless, you should not tell her about that because she may be
contented with living with him even without having children. Besides,
it should be noted that some scholars are of the opinion that it is
not obligatory for the husband to inform his wife of his infertility
as long as he is able to have sexual intercourse. This is a strong
opinion.
Allaah Knows best.

Fathwa, - Married while concealinghis disease from his wife and her guardian

Question
A man with untreateable desease went to a girl gurdian to propose
marriage to the girl. Though he know about his desease He did not
disclose to the gurdian that he is ill after marrying the girl catch
the desease and they get divorced 1( What is fatwa on this marriage
taking into account gurdian was not given information so that he can
take appropriate decision about the proposal.. 2( Is the guardian has
right to be informed before he give consent to marriage 3( Is marriage
nul ?
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
Muhammadis His slave and Messenger.
With regard to the marriage contract, if it took place fulfilling the
conditions for the validity of a marriage contract, then it is a
correct marriage; for more benefit on these conditions, please refer
to Fatwa 83629.
As regards this disease, if it is a repulsive or contagious disease
like leprosy, or is a disease that is dangerous and which may be
transmitted to the spouse, or children, like AIDS and the like, then
it is not permissible to conceal such diseases from the girl or her
guardian. In this case, the other party has the right to invalidate
the marriage if they did not know about it and they did not agree to
it after they had come to know about it. Since divorce had already
taken place, then the matter is finished and this woman deserves the
rights of a divorced woman.
As regards the diseases that are not repulsive and which can be
treated medically, then one may conceal them from the other party, but
it is better to inform about it.
Allaah Knows best.