Dought & clear, - Is the child obliged to obey the parents and give up his or her share of the inheritance?

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My wife is asking about a threat and warning that her mother made to her, that she would not be pleased with her or forgive her if she did not give up to her her share in a farm that was part of her father’s estate. She claimed that this share should come back to her as she had bought it with her own wealth, not with the wealth of my wife’s father. But there is no proof for that.
Will she be sinning if she refuses to give up her right? Will she be disobeying her mother if she does not respond to her demand?
Praise be to Allah
The basic principle is that whatever is in a person’s possession when he is alive belongs to his heirs after he dies. Allah, may He be exalted, says (interpretation of the meaning):
“There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share”
[an-Nisa’ 4:7].
Hence it is not permissible for anyone to take the share of one of the heirs or to demand that he should give up his share of the inheritance unless he agrees willingly to do that, because that comes under the heading of wrongdoing and transgression, and the Prophet (blessings and peace of Allah be upon him) said: “It is not permissible to take the wealth of a person except with his willing consent.” Narrated by Ahmad, 20172; classed as saheeh by al-Albaani in Saheeh al-Jaami‘, no. 2780
With regard to your wife’s mother’s claim that she owns that part of your wife’s share, if she does not have any proof of the validity of her claim, then your wife does not have to give up her rightful share of the inheritance. Not giving up that share is not regarded as disobedience to parents at all.
Saying that the mother is not entitled to that part of the inheritance does not imply that she should not honour her mother and treat her kindly; rather your wife should speak kindly to her mother and ask good and righteous people to intervene in order to solve this problem, in the hope that Allah may guide the mother to truth and right guidance.
If your wife willingly gives up that part (of the inheritance), or some of it, to her mother, seeking reward from Allah, then this is good and an act of kindness, in sha Allah. But, as stated above, she is not obliged to do so and she is not sinning if she does not agree to her mother’s request.And Allah knows best.

- PUBLISHERNajimudeeN M

Dought & clear, - They were in a haraam relationship then they repented and got married without a wali (guardian); what should they do now?.

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I am resident in France. I married a widow woman who has children. I had a haram relationship with her (zina). Then we repented to Allah and married. An imam attended and 5 witnesses. At that time I did not know that a wali is condition for the marriage to be valid. After our marriage I asked her about her parents’ opinion, she said they did not accept it. Her parents live in Morocco but she is resident in France. But they forgave her and she has a good relationship with them now. They visited us and we visited them. We have two daughters now, please guide me, may Allah reward you! Is our marriage contract valid or not? What shall I do about it?.
Praise be to Allaah.
We ask Allaah to accept your repentance and to forgive you, and to help you to obey Him and worship Him well.
Your marriage contract without the approval of the wife’s guardian is invalid, and you have to renew it in the presence of the guardian. If he cannot attend then he should appoint someone to do the marriage contract on his behalf.
It was narrated that Abu Moosa (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian).” Narrated by al-Tirmidhi (1101), Abu Dawood (2085) and Ibn Majaah (1881); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
Shaykh al-Islam Ibn Taymiyah said:
The majority of scholars said that a marriage done without a guardian is invalid, and they ruled that a ta’zeer punishment should be carried out on the one who does that, following the example of ‘Umar ibn al-Khattaab (may Allaah be pleased with him). This is the view of al-Shaafa’i. A number of them also suggested that the hadd punishment of stoning should be carried out in such cases and others. End quote.
(32/21).
The Qur’aan indicates this in more than one place, as does the Sunnah in more that one place, and it was the habit of the Sahaabah. Women can only be given in marriage by men, and it is not known that any woman gave herself in marriage. This is what distinguishes between marriage and illicit relationships. Hence ‘Aa’ishah said: No woman should give herself in marriage, for the prostitute is the one who gives herself in marriage. End quote.
(32/131).
(6/101) said:
In fact marriage without a guardian is invalid, as is indicated by the hadeeth. End quote.
What you must do now, if you want to set things straight and make your marriage in accordance with sharee’ah, is to do the marriage contract again, in the presence of the wife’s guardian and with his approval.
It should be noted that you must hasten to set this matter straight, because your staying together now is haraam, because the marriage contract that was done between you before was not valid.
In order to expedite matters, you can contact her father by phone and he can say to you: “I give my daughter So and so to you in marriage” and you can say, “I accept,” and that should be done in the presence of two witnesses who know the father’s voice and can hear him.
With regard to the children, they should be attributed to you because you did the marriage contract without a guardian thinking that it was valid.

- PUBLISHERNajimudeeN M

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