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Sunday, September 10, 2017

Marriage Contract, - * She does not have any wali (guardian) for the purpose of marriage; can the director of the Islamic centre or her maternal uncle give herin marriage?








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Im 19 years old girl from Finland. I'm muslim alhamdulillah and so is my mother but my father is a finnish non-muslim. I have one boy here in Finland who is very very willing to convert to islam soon and we would like to marry each other, of course only when he has sincerely converted. My problem is that as my father is non-muslim and so are all of his relatives and i don't have any brothers, i don't have any mahram here who could be my wali. I have three uncles but they all live in Turkey and have never visited us here in Finland. And only one of them is regular with his prayers. So I would like to ask that when I'm going to marry do I have to travel to Turkey and appoint the only uncle who is praying as my wali or is it allowed that I appoint an imam at the mosque/islamic centre here in Finland to be my wali. I appreciate if you can answer.
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Praise be to Allah
Firstly:
One of the conditions of marriage being valid is the presence of a wali; it is not permissible for a woman to give herself in marriage without a wali. If she does get married without a wali, then her marriage is invalid.
There is no guardianship of a disbeliever over a Muslim woman in any circumstances, according to scholarly consensus.
Please see the answer to question no. 48992.
Secondly:
Guardianship in the case of marriage belongs to the ‘usbah or male relatives on the father’s side; this includes the father, the (paternal) grandfather, the son, the brother and the paternal uncle.
With regard to relatives on the mother’s side, they are not ‘usbah, and they cannot be guardians in the case of marriage. The maternal uncle does not come under the heading of ‘usbah, so he cannot be a guardian in the case of marriage.
But there are some cases in which the maternal uncle may act as the guardian in the case of doing the marriage contract. These cases are:
1. When the wali has appointed him to do that on his behalf.
2. When the marriage contract has already been done, and it has been officially documented in a Muslim country that follows the scholarly view that it is permissible for a maternal uncle to give his sister’s daughter in marriage, or the view that it is permissible for a woman to get married without a wali (guardian).
Please see questions no. 152595, 153602
Thirdly:
If the woman does not have any wali who can give her in marriage, then that role may be filled by the Muslim qaadi (judge), if there is one. If there is no qaadi, as is the case for Muslim communities living in the West, then the director of the Islamic centre may give her in marriage.
If there is no director of an Islamic centre, then the imam of the mosque, or a scholar, or a Muslim man of good character may give her in marriage.
Shaykh Ibn Baaz (may Allah have mercy on him) said:
If the woman is in a country where there is no wali – no brother, no father, and no paternal cousin – then the ruler takes the place of the wali; her wali is the ruler, because the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the wali of the one who does not have a wali.” So the ruler takes the place of her wali and becomes her wali; he may give her in marriage or appoint someone else to give her in marriage. If she is in a land where there is no (Muslim) ruler, qaadi or wali, as in the case of Muslim minorities in non-Muslim countries, then the director of the Islamic Centre may give her in marriage, if there is an Islamic centre, because his position is like that of the ruler for them. The director of the Islamic Centre may look at her case and give her in marriage to one who is compatible, if she does not have any guardians of her own and there is no qaadi. If the wali lives far away, he should be corresponded with ot spoken to until he appoints someone as his proxy (wakeel). But if it is not known where he is, then the next closest wali takes his place; the one who is most closely related to him takes his place. If she has no wali except this absent one whose whereabouts is unknown, then the ruler takes his place.
http://audio.i slamweb.net /audio /index.php?pa ge=FullConten t& audioid=2904 08
In conclusion:
The director of the Islamic centre in that country may take the place of the ruler, and the guardianship of the ruler in the case of marriage is an Islamically-acceptable kind of guardianship, if there is no wali who is a male relative on the father’s side (‘usbah). You do not need to travel to your maternal uncle in order for him to give you in marriage himself.
If this man becomes Muslim because he genuinely wants to follow the religion, and his Islam is real, then there is nothing wrong with the marriage contract being done by the director of the Islamic centre in the place where you live.
And Allah knows best.
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Saturday, September 9, 2017

Marriage Contract, - * A Christian woman married a Muslim man without a wali (guardian) and she is asking about the ruling on her marriage








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I am a Christian woman, recently married to a Muslim man. We were married in a cafe shop, as opposed to a Mosque. We had 2 witnesses which his friend bring with him. There was nobody from my side as a witness of marriage. We didnt sign any documents, contract. I never recieved any marriage cerificate. Also I agree for a 100 euro which never recieved. My husband has wife and 3 kids. He is living with them but he promised me before marriage that he will move to my house. He is not spending money on me, but he is intimate with me. Does the Muslim belief still see this as a "real" marriage? Please confirm as I am very concern to continue this relationship if marriage is not valid.
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Praise be to Allah.
The marriage contract in Islam cannot be valid unless it is done by the wali (guardian) of the woman. This is usually her father or someone who acts in his stead if he is not there, such as a grandfather, brother or paternal uncle.
The marriage contract that you mentioned was devoid of this, hence it is not valid, and what must be done is to repeat the contract in the presence of the guardian if you want to marry this man.
If the guardian cannot be present, then he can appoint any Muslim man to take his place and do the marriage contract on his behalf.
See the answers to questions no. 159297, 173946and 143511
It is not stipulated in Islam that the marriage contract must be done in the mosque; rather it may be done in any place, and there do not have to be any witnesses on the woman’s side, as it is sufficient to have two Muslims of good character as witnesses. But the marriage must be announced publicly, and it is not valid to have an agreement to keep it secret.
It is also not stipulated that the contract should be written down, although this is required nowadays in order to protect the rights of both spouses and to prove the marriage. But not writing it down does not affect the validity of the marriage.
The husband is obliged to give the wife the mahr (dowry) that has been agreed upon, and to spend on her maintenance enough to provide her with a place to live, clothing, and food, on a reasonable basis. If the husband does not do these things, he is falling short and is sinning according to sharee‘ah, but that does not affect the validity of the marriage contract, if it has been done in the proper manner in the first place.
We appreciate your eagerness to ensure that your relationship with this man is proper and legitimate. This is a sign of dignity and of a desire for stability, far away from the kind of relationships that Allah has forbidden.
We hope that this will lead you to find out more about the true religion which will lead to your salvation in the Hereafter, namely Islam, the religion of pure monotheism, that is based on worship of Allah alone with no partner or associate.
Worshipping Allah alone is the purpose for which Allah created all of mankind. Allah, may He be exalted, says (interpretation of the meaning):
“And I (Allah) created not the jinns and humans except they should worship Me (Alone).
I seek not any provision from them (i.e. provision for themselves or for My creatures) nor do I ask that they should feed Me (i.e. feed themselves or My creatures).
Verily, Allah is the All-Provider, Owner of Power, the Most Strong.”
[adh-Dhaariyaat 51:56-58].
And Allah knows best.
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Friday, September 8, 2017

Marriage Contract, - * He denied the marriage contract then affirmed it; does that count as a talaaq (divorce)?



































i had my nikkah 2 months back but then it was disclosed and my husbnd denied because he was afraid of his brother at first and then later on he accepted so am i in nikkah with him still ?
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Praise be to Allah.
Such a question cannot be answered without knowing the exact words uttered by the husband or knowing what he intended and meant by those words – did he intend by denying it to set himself free from his wife, because he was upset at their spreading the news of the marriage? Or did he simply wants to conceal the marriage without any intention of setting himself free from his wife?
If he simply wanted to conceal his marriage, without any intention of divorce, then that does not count as a divorce
The fuqaha’ (may Allah have mercy on them) discussed a similar issue. They said: if a man is asked, “Do you have a wife?” and he replies “No,” but he is lying, that does not count as a divorce.
Ibn Qudaamah (may Allah have mercy on him) said: If it is said to him, “Do you have a wife?” and he says, “No,” intending to lie, that does not imply anything... because saying “I did not have a wife” could be a metaphor (for divorce) if he had the intention of divorce. If he intended to tell a lie, then he did not intend to divorce her and it does not count as such.
End quote fromal-Mughni, 7/400
Al-Bahooti (may Allah have mercy on him) said: If it is said to him, “Do you have a wife?” and he says, “No,” intending to lie, he has not divorced her, because it may be a metaphor (for divorce), and if he intended to tell a lie and did not intend to divorce (then it does not count as divorce).
End quote fromKashshaaf al-Qinaa‘, 5/247
Therefore if this man said, “So and so is not my wife,” if what he intended by that was divorce, then it counts as such, but if he intended to conceal the marriage, then it does not count as a divorce.
If he denied the marriage, such as if he said, “I did not marry So and so” or “I did not do the marriage contract with So and so,” this wording is to be regarded as a lie, and it does not count as a divorce.
And Allah knows best.



Thursday, September 7, 2017

Marriage Contract

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Marriage Contract, - * He denied the marriage contract then affirmed it; does that count as a talaaq (divorce)?
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i had my nikkah 2 months back but then it was disclosed and my husbnd denied because he was afraid of his brother at first and then later on he accepted so am i in nikkah with him still ?
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Praise be to Allah.
Such a question cannot be answered without knowing the exact words uttered by the husband or knowing what he intended and meant by those words – did he intend by denying it to set himself free from his wife, because he was upset at their spreading the news of the marriage? Or did he simply wants to conceal the marriage without any intention of setting himself free from his wife?
If he simply wanted to conceal his marriage, without any intention of divorce, then that does not count as a divorce
The fuqaha' (may Allah have mercy on them) discussed a similar issue. They said: if a man is asked, "Do you have a wife?" and he replies "No," but he is lying, that does not count as a divorce.
Ibn Qudaamah (may Allah have mercy on him) said: If it is said to him, "Do you have a wife?" and he says, "No," intending to lie, that does not imply anything... because saying "I did not have a wife" could be a metaphor (for divorce) if he had the intention of divorce. If he intended to tell a lie, then he did not intend to divorce her and it does not count as such.
End quote fromal-Mughni, 7/400
Al-Bahooti (may Allah have mercy on him) said: If it is said to him, "Do you have a wife?" and he says, "No," intending to lie, he has not divorced her, because it may be a metaphor (for divorce), and if he intended to tell a lie and did not intend to divorce (then it does not count as divorce).
End quote fromKashshaaf al-Qinaa', 5/247
Therefore if this man said, "So and so is not my wife," if what he intended by that was divorce, then it counts as such, but if he intended to conceal the marriage, then it does not count as a divorce.
If he denied the marriage, such as if he said, "I did not marry So and so" or "I did not do the marriage contract with So and so," this wording is to be regarded as a lie, and it does not count as a divorce.
And Allah knows best.
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