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

Share

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.
-
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.

- PUBLISHED by"NajimudeeN.M-INDIA"

Share this Data

காதலன்: எப்பவுமே உன்னோட நினைப்பாவே இருக்கு டார்லிங்.
:
காதலி : இப்போதானே நாம பேசி முடிச்சோம்?
:
காதலன் : அச்சச்சோ! மறுபடியும் உனக்கே போன் செய்துட்டேனா? ஸாரி!

Rulings on Marriage, - * Annulment of marriage before consummation or being alone together because of a defect in the woman; is the woman entitled to anything as a result of this annulment?

-

Share::-

A young man proposed marriage to a girl, but before one month was over it became clear to him that she was suffering from epilepsy, and they did not inform him of this illness before the marriage contract was done. Does he have the right to request annulment of the marriage?
-
Praise be to Allah.
In the answer to question no. 158489we stated that epilepsy is one of the defects for which the marriage may be annulled. So it is permissible for either the husband or the wife to annul the marriage, if it becomes clear to him or her that the other partner has the defect of epilepsy. If the husband finds out after doing the marriage contract that the woman has epilepsy, and he annuls the marriage because of that defect, and that happens before consummation of the marriage, then the woman is not entitled to any part of the mahr.
Ibn Qudaamah (may Allah have mercy on him) said: If annulment occurs before consummation of the marriage, then she is not entitled to any mahr from him, whether annulment was initiated by the husband or the wife. This is the view of ash-Shaafa‘i. The reason for that is that if the annulment comes from her, then the separation comes about on her initiative, so the mahr is waived. If it comes from him, then he has only annulled the marriage because of a defect in her that she deceived him about by concealing it, so it is as if the annulment came from her.
End quote fromal-Mughni, 7/144
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The words “if annulment occurs before consummation of the marriage, then she is not entitled to any mahr” mean: if annulment occurs before consummation of the marriage, then there is no mahr for the wife, whether the defect was in him or in her.
But if the defect was in her, then it is clear that she is not entitled to any mahr. For example: a man did the marriage contract with a woman, then before consummating the marriage with her, it became apparent that there was a defect in her, so he annulled the marriage. In this case she is not entitled to any mahr, because she deceived him; she is the one who deceived the husband.
If the defect is in the husband, and she annulled the marriage because of the husband’s defect, then the author says: she is not entitled to any mahr, because the separation came about on her initiative, as she is the one who asked for annulment.
The correct view concerning this matter is that if the defect is in the husband and he annulled the marriage before consummation, then she is entitled to half of the mahr, because the husband is the cause of annulment. So how can we deal with this deceitful man in a manner that serves his interests?
They say that the separation came about on her initiative, because she is the one who asked for annulment. However, we say: she did not ask for annulment because she changed her mind or because that served her interests; rather it was because of his defect. So in fact, he is the one who deceived her, and she is saying: I wanted to marry this husband, but so long as he has this defect, I cannot stay with him. Now, in reality, the separation is because of him. According to the scholars, in any case where the separation is due to the husband, then the woman is entitled to half of the mahr.
End quote fromash-Sharh al-Mumti‘, 12/227-228
To sum up: if a man finds a defect in his wife that causes him to miss out on any of the purposes of marriage, such as epilepsy – for example – then he has the right to request annulment of the marriage. If annulment occurs before consummation, then the woman is not entitled to anything, because the annulment only came about because of her.
And Allah knows best.

Editted and Published byNajimudeeN.M-INDIA

சுடப்பட்ட இந்திரா காந்தியின் உயிரை காப்பாற்ற '80 பாட்டில் ரத்தம்': நடந்தது என்ன? - BBC Tamil | DailyHunt

I am browsing [சுடப்பட்ட இந்திரா காந்தியின் உயிரை காப்பாற்ற '80 பாட்டில் ரத்தம்': நடந்தது என்ன? - BBC Tamil | DailyHunt]. Have a look at it! https://m.dailyhunt.in/news/india/tamil/bbc+tamil-epaper-bbctam/sudappatta+inthira+kanthiyin+uyirai+kapparra+80+battil+ratham+nadanthathu+enna-newsid-75582813?ps=H&pn=1