Can children been considered witnesses in verbal marriage agreement?.
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Praise be to Allaah.
In order for a marriage to be valid, it is stipulated that it be witnessed by two Muslim witnesses of good character, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian) and two witnesses of good character. Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani inSaheeh al-Jaami’no. 7557.
With regard to the witness, it is stipulated that he be male, an adult and of sound mind. The testimony of a child, woman or insane person is not valid.
It says inSharh Muntaha’l-Iraadaat(2/648): The marriage contract cannot be done except with the witness of two males who are adults, of sound mind, able to speak and hear, Muslims – even if the wife is a dhimmi (Jew or Christian living under Muslim rule) – and of good character, even if it is only outwardly. End quote.
It says inal-Mawsoo’ah al-Fiqhiyyah(41/296): The Hanafis, Maalikis, Shaafa’is and Hanbalis are of the view that the two witnesses to marriage must be mukallaf i.e., adults of sound mind. The testimony of an insane person is not acceptable, according to scholarly consensus. And a child cannot be a witness, because the Prophet (peace and blessings of Allaah be upon him) said: “Bring two witnesses from among your men,” because children are not among those who can give testimony. End quote.
The presence of witnesses is one of the conditions of marriage being valid, whether the marriage contract is done verbally or in writing, in the event that the husband or wali is unable to speak.
Based on that, it is not valid for children to be witnesses to the marriage contract.
And Allaah knows best.
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Tuesday, January 23, 2018
Marriage Contract, - * Adulthood is a condition of being a witness to marriage
Monday, January 22, 2018
Comedy
" இளவரசர் அந்தப்புரம் நுழையிறப்போ புது சினிமா பாட்டு பாடிகிட்டு போறாரே என்ன பாட்டு?"
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" டாடி மம்மி வீட்டில் இல்ல, தட போட யாருமில்லங்கற பாட்டுத்தான்!"
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" டாடி மம்மி வீட்டில் இல்ல, தட போட யாருமில்லங்கற பாட்டுத்தான்!"
Marriage Contract, - * If the husband is the woman’s wali, can he get himself married to her?
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I want to marry my cousin. She is my paternal cousin. I am her wali according to a shar’ee guardianship. I want to marry her but we do not have close relatives or brothers. There is no one else apart from me who can be her wali. Is it permissible that I say to her: “I give you myself in marriage” then she says: “I accept” in witnesses’ presence? Or shall I ask the marriage contractor to be her wali? What shall I do?.
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Praise be to Allaah.
If a woman’s guardian (wali) with regard to marriage is her cousin (son of her paternal uncle) and he wants to marry her, there is nothing wrong with that if she agrees.
Ibn Qudaamah (may Allaah have mercy on him) said:
The wali of a woman for whom it is permissible to marry her may be her cousin, her master, the judge or the ruler. If she gives him permission to marry her then he may do that. End quote.
Al-Mughni(7/360).
In that case he may do the marriage contract on behalf of himself and the woman, because he is her wali. So he says: I marry you, or I marry myself to So and so, and so on. He does not need to say I accept, because his acceptance is implied. And she does not need to say I accept either, because a woman cannot do the marriage contract for herself or for anyone else, rather her wali does the marriage contract for her.
Or he may appoint another man to do his marriage contract on his behalf, whether this wakeel is a state official or someone else. In that case his deputy (wakeel) says: I give you So and so in marriage, and he says: I accept. Thus the marriage contract is done. Both ways are narrated from the Sahaabah (may Allaah be pleased with them).
Imam al-Bukhaari (may Allaah have mercy on him) said:
Chapter: If the wali is the suitor. Al-Mugheerah ibn Shu’bah proposed marriage to a woman when he was her next of kin (her guardian), so he told another man to do the marriage contract for him.
‘Abd al-Rahmaan ibn ‘Awf said to Umm Hakeem bint Qaarit: Will you put me in charge of your affairs? She said: Yes. He said: Then I offer to marry you.
‘Ata’ said: Let him bring witnesses, or let him order a man among her family. End quote.
Al-Albaani classed the reports of al-Mugheerah ibn Shu’bah and ‘Abd al-Rahmaan ibn ‘Awf (may Allaah be pleased with them) as saheeh inIrwa’ al-Ghaleel, 1845 and 1855.
It should be noted that it is essential to have the marriage contract witnessed in both cases.
And Allaah knows best.
I want to marry my cousin. She is my paternal cousin. I am her wali according to a shar’ee guardianship. I want to marry her but we do not have close relatives or brothers. There is no one else apart from me who can be her wali. Is it permissible that I say to her: “I give you myself in marriage” then she says: “I accept” in witnesses’ presence? Or shall I ask the marriage contractor to be her wali? What shall I do?.
-
Praise be to Allaah.
If a woman’s guardian (wali) with regard to marriage is her cousin (son of her paternal uncle) and he wants to marry her, there is nothing wrong with that if she agrees.
Ibn Qudaamah (may Allaah have mercy on him) said:
The wali of a woman for whom it is permissible to marry her may be her cousin, her master, the judge or the ruler. If she gives him permission to marry her then he may do that. End quote.
Al-Mughni(7/360).
In that case he may do the marriage contract on behalf of himself and the woman, because he is her wali. So he says: I marry you, or I marry myself to So and so, and so on. He does not need to say I accept, because his acceptance is implied. And she does not need to say I accept either, because a woman cannot do the marriage contract for herself or for anyone else, rather her wali does the marriage contract for her.
Or he may appoint another man to do his marriage contract on his behalf, whether this wakeel is a state official or someone else. In that case his deputy (wakeel) says: I give you So and so in marriage, and he says: I accept. Thus the marriage contract is done. Both ways are narrated from the Sahaabah (may Allaah be pleased with them).
Imam al-Bukhaari (may Allaah have mercy on him) said:
Chapter: If the wali is the suitor. Al-Mugheerah ibn Shu’bah proposed marriage to a woman when he was her next of kin (her guardian), so he told another man to do the marriage contract for him.
‘Abd al-Rahmaan ibn ‘Awf said to Umm Hakeem bint Qaarit: Will you put me in charge of your affairs? She said: Yes. He said: Then I offer to marry you.
‘Ata’ said: Let him bring witnesses, or let him order a man among her family. End quote.
Al-Albaani classed the reports of al-Mugheerah ibn Shu’bah and ‘Abd al-Rahmaan ibn ‘Awf (may Allaah be pleased with them) as saheeh inIrwa’ al-Ghaleel, 1845 and 1855.
It should be noted that it is essential to have the marriage contract witnessed in both cases.
And Allaah knows best.
Sunday, January 21, 2018
Comedy
" மன்னா இந்த முறை போர்களத்துலயிருந்து புறமுதுகிட்டு ஓடிவந்து தப்பிக்க முடியாது!"
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" ஏன் முடியாது?"
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" எதிரி மன்னன் இந்த முறை நம் அரண்மனை முன்பு போர்க்களம் அமைக்க திட்டமிட்டுள்ளானாம்"
:
" ஏன் முடியாது?"
:
" எதிரி மன்னன் இந்த முறை நம் அரண்மனை முன்பு போர்க்களம் அமைக்க திட்டமிட்டுள்ளானாம்"
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