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Saturday, November 26, 2016

Engagment, Dought & clear, - * Meeting one’s fiancée to discuss wedding details












I have proposed marriage to a girl and she and her wali (guardian) have accepted. Is it permissible for me to meet her in her house, in the presence of her mother and sisters but without her mahram, to discuss some of the details of the wedding and to decide on the mahr (dowry)?.
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Praise be to Allaah.
Islam allows the man to look at his fiancée and speak to her about necessary matters to do with the marriage, and the man is encouraged to look at his fiancée when thinking of proposing, because that will bring their hearts closer together and generate the love and compassion that are the aim of the marriage.
It was narrated from al-Mugheerah ibn Shu’bah that he proposed marriage to a woman, and the Prophet (peace and blessings of Allaah be upon him) said: “Look at her, for that will help bring your hearts together.”
Narrated by al-Tirmidhi (1087); he said: this is a hasan hadeeth.
What it means is that it helps to create love and harmony between you, because if you marry her after having gotten to know her, in most cases there will be no regrets.
See:Tuhfat al-Ahwadhi.
There is no sin on you if you sit with your fiancée in order to work out some details of the wedding, but you should not be alone with her, so one of her mahrams or her mother should sit with you, and there is nothing wrong with that in sha Allaah.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked the following question inMajmoo’ al-Fataawa(20/429):
I love a girl very much and she also loves me. I have seen her only once, and I started to speak to her by phone within respectable limits, and we agreed to get married. Most of my conversations with her have to do with married life and the mutual understanding between spouses that is necessary, and how a wife should treat her husband and look after his house, and so on. Is it permissible for me to speak to her if she calls me, or is that not permissible?
He (may Allaah have mercy on him) replied:
If a man wants to propose marriage to a woman, it is permissible for him to speak with her and look at her without being alone. When a man came to the Prophet (peace and blessings of Allaah be upon him) to ask his opinion, he said: “Have you looked at her?” He said: No. He said: “Go and look at her.” And he said: “When one of you proposes marriage to a woman, if he can look at that which will encourage him to go ahead and marry her, let him do so.” Narrated by Abu Dawood (1783).
Looking is more serious than speaking, so if the conversation has to do with the marriage and where they will live, and how married life should be so that he will know whether she is familiar with these issues, there is nothing wrong with that if he wants to propose marriage to her. But if he does not want to propose marriage to her, then he has no right to do that. So long as he wants to marry her, it is permissible for him to talk to her about the engagement and about that which will encourage him to marry her, and she may do likewise, so long as they are not alone together; rather it should be done from a distance and in the presence of her father, brother or mother etc.
And Allaah knows best.






















PUBLISHERM.NajimudeeN. MD,IRI

Engagment, - Dought& clear, - * Is it permissible to propose to a divorced woman when she is still in her ‘iddah?










Is it permissible to propose to a divorced woman during her ‘iddah?.
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Praise be to Allaah.
Firstly:
Proposal of marriage may be ether explicit or implicit. Explicit means words that cannot be interpreted as meaning anything other than marriage, such as saying, “When your ‘iddah ends I will marry you” or asking her wali (guardian) explicitly to become engaged to her, and so on.
Implicit means words that may be understood as a proposal of marriage or otherwise, such as if a man says: “Such a woman as you would be desirable as a wife” or “I am looking for a wife” or “May Allaah grant you what is good for you” and so on.
Secondly:
It is not permissible to give an explicit proposal of marriage to a woman who is observing ‘iddah, whether the divorce was revocable (first or second talaaq) or final, or she is observing ‘iddah following the death of her husband.
As for implicit proposals, that depends:
1 – If the woman is observing ‘iddah following a revocable divorce, it is not permissible to give an implicit proposal or hint at proposing, because the woman who has been given a revocable divorce is still a wife. Allaah says concerning the woman whose divorce is revocable (interpretation of the meaning):
“And their husbands have the better right to take them back in that period, if they wish for reconciliation”
[al-Baqarah 2:228].
The husband who has given his wife a revocable divorce is still called a husband. So how can a man have the right to propose marriage to a woman who is still married to her husband?
2 – If that happens during ‘iddah following the death of the husband, or final divorce or annulment of the marriage due to a fault in either spouse or any other reason, then it is permissible to hint at a proposal of marriage, but it is not permissible to offer an explicit proposal. The fact that hinting in this case is permissible is indicated by the verse in which Allaah says (inter
“And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allaah knows that you will remember them, but do not make a promise of contract with them in secret except that you speak an honourable saying according to the Islamic law. And do not consummate the marriage until the term prescribed is fulfilled. And know that Allaah knows what is in your minds, so fear Him. And know that Allaah is Oft-Forgiving, Most Forbearing”
[al-Baqarah 2:235]
Shaykh al-Sa’di said in hisTafseer(p. 106):
This is the ruling on one who is observing ‘iddah following the death of her husband, or one who has been given a final divorce by a husband who is still alive. It is haraam for anyone other than her husband to offer an explicit proposal, which is what is meant by the words “but do not make a promise of contract with them in secret.”
As for hinting at a proposal, Allaah has stated that there is no sin in doing so. The difference between the two is that an explicit proposal cannot mean anything but marriage, so that is why it is haraam, because that may lead her to hasten the end of her ‘iddah or tell a lie about the end of her ‘iddah because she wants to get married. Moreover, there should be no explicit talk of a new marriage out of respect for her first husband’s rights during the ‘iddah.
As for the implicit proposal, this is something that may mean marriage or something else. It is permissible for the one whose divorce is final, such as saying, “I want to get married” or “I would like you to consult me when your ‘iddah ends” and so on. This is permissible because it is not like an explicit proposal and there may be strong motives for it. The same applies if a person intends to marry a woman who is still in ‘iddah, when the ‘iddah ends (i.e., there is nothing wrong with that). This is what is referred to in the verse: “or conceal it in yourself, Allaah knows that you will remember them”.
These are all details that precede the marriage contract, but the marriage contract itself is not permissible,“until the term prescribed is fulfilled”i.e., until the ‘iddah is over. End quote.
Seeal-Mughni, 7/112 andal-Mawsoo’ah al-Fiqhiyyah(19/191).
And Allaah knows best.
























PUBLISHERM.NajimudeeN. MD,IRI