Marriage Contract, - * Her parents are divorced; can she get married without her father’s permission?

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My parents have been divorced for about twenty-four years, since I was a baby, and their relationship is bad.
Now a young man has proposed marriage to me, and we have accepted, but he wants to see my father and take his permission. My mother refuses to tell my father before the marriage contract takes place and the engagement is formalised without his knowledge, but the young man tells me that the father’s consent is essential, otherwise the agreement between us will be invalid.
I do not know what I should do if my father rejects the suitor. Does that mean that I cannot get married except with his consent?
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Praise be to Allah.
Firstly:
The marriage contract is not valid except with a guardian; a woman does not have the right to give herself or anyone else in marriage, or to appoint anyone except her guardian to give her in marriage. If she does that, then the marriage is not valid.
Please see the answer to question no. 99696
Secondly:
There are degrees of closeness for guardians according to the fuqaha’, and it is not permissible to overlook the more closely-related guardian except in cases where he is not present or he does not meet the conditions.
The woman’s guardian is her father, then her paternal grandfather, no matter how far the line of ascent reaches, then her son, then his son, no matter how far the line of descent reaches, then her full brother, then her brother through her father, then the sons of said brothers, then her paternal uncle who is a full brother of her father, then her paternal uncle who is her father’s brother through his father, then the sons of said paternal uncles, then the next closest, then the next closest in kinship on the father’s side, as is also applicable in cases of inheritance. The Muslim ruler (or one who acts in his stead, such as a qaadi or judge) is the guardian of the one who has no guardian.
Please see the answers to questions no 2127and 136715
Thirdly:
The guardian is obliged to give his female relative under his care in marriage to a compatible suitor whom she is pleased with, otherwise he is preventing her from getting married.
Preventing a woman from getting married is haraam, because Allah, may He be exalted, says (interpretation of the meaning):
“And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not”
[al-Baqarah 2:232].
Based on that, it is not permissible for a woman’s guardian to prevent her from marrying a compatible suitor, if she is pleased with him. But if she wants to get married to someone who is not compatible, then he has the right to prevent her from doing so and he is not regarded as preventing her marriage (in the prohibited sense).
If he prevents her from marrying a compatible suitor with whom she is pleased, and there is no acceptable reason for preventing the marriage which based on her interests, then guardianship for her marriage passes from him to the next closest guardian, according to the order mentioned above.
Shaykh Muhammad ibn Ibraaheem (may Allah have mercy on him) said:
If a woman reaches puberty and receives a marriage proposal from someone with whom she is pleased in terms of religious commitment, character and compatibility, and the guardian does not see in him anything that would make him incompatible for a woman of her standing and cannot come up with a justifiable reason for not allowing this marriage, then the woman’s guardian is obliged to respond to his request to marry her. If he refuses to do that, then his guardianship is rendered invalid, and it passes to the next closest male relative on the father’s side.
End quote fromFataawa wa Rasaa’il Muhammad ibn Ibraaheem(10/74)
See also the answer to question no. 36209
Hence it is clear that what this suitor is saying, that it is essential to get your father’s agreement, is correct and sound, unlike the view of your mother who thinks that the engagement (and marriage contract) may take place without his knowledge. Moreover, what is customary among most people, even those who do not know the Islamic ruling requiring a guardian in the case of marriage, is the same thing; no man would propose marriage unless he can get the agreement of another man (i.e., the guardian) to the marriage.
So try to explain the Islamic rulings concerning this matter to your mother, and ask some sincere people among your relatives and family members to intervene, so as to involve your father in an appropriate manner.
If your father does not want to attend, then ask him to delegate one of your brothers, or one of his relatives or your relatives, to do the marriage contract instead of him. Then the marriage contract will be valid, as this proxy will take the place of the father and he will not have to attend.
If he refuses, then as we have explained to you, the ruling is that guardianship passes from him to the closest-related guardian after him, according to the order explained above.
We ask Allah to help and guide you.
And Allah knows best.
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Marriage Contract, - * Someone has proposed marriage to a girl, and she is asking whether she can meet him with a non-Muslim chaper one, because she is cut off from her family

I have a question concerning marriage.I am a sister who was born a
Muslim but was not raised one.It wasnt until about last year that I
embraced Islam.Now,there is a brother who has expressed interest in
marrying me but the issue of me not having a wali has arisen(I have
had no kind of contact with my father in over 5 years)I refuse to go
into marriage talks with a brother or go through with anything without
a wali.The brother has also said that it would be best if we met a few
times before anything was finalised but I made it clear to him that I
will not be meeting without an appropriate chaperone. I know that I
could get an imam to act as my wali but as far as the chaperone goes,
I am not too sure who I can have as one. Unfortunately, the area I
live in right now, has almost no Muslims and most of the people I do
speak to are not Muslim. In Sha Allah I will be in a better position
Islamically in a few months but I am still not sure who could act as a
chaperone. I told the brother that I would rather the chaperone be a
Muslim but he told me that that was not the case and that I could ask
anyone that I trusted even if they werent Muslim. I was wondering if
it is permissable to have a non Muslim as a chaperone...I do not feel
comfortable with the idea but he insists it is okay. I know I have
made quite a few missteps in this entire process and achnowledge my
errors and I ask Allah to forgive me for them.
-
Praise be to Allah.
We congratulate you for what Allah has bestowed upon you of guidance
and enabling you to adhere to the rulings, teachings morals and
manners of Islam. We ask Allah, may He be glorified, to help you to
always adhere to the commands of Allah, may He be glorified, and to
divert from you the evil of the devils among mankind and the jinn.
With regard to marriage to this person or anyone else, it is not
permissible without a guardian (wali), because having a guardian is
one of the conditions of the marriage contract being valid, as has
been explained previously in fatwa no. 99696.
The fact that you have been cut off from your father for a while is
not an excuse for marrying without a guardian. This is in addition to
the fact that your forsaking your father for this length of time is
something that is haraam; in fact it is a major sin because of what it
involves of disobedience towards him and severing of family ties. We
have previously explained that severing ties with one's father and not
upholding ties with him is haraam, no matter what the father may have
done of bad treatment or falling short. So how about if the reason for
that has to do with the child? Please see fatwa no. 87802.
Our advice to you is to hasten to get back in touch with your father,
treat him kindly, and apologise for your shortcomings and bad
behaviour. Then you can tell him about this suitor, and if he wishes
he may do the marriage contract himself, so long as he is still a
Muslim, or if he wishes he can appoint a proxy to do the marriage
contract. As for bypassing your father and appointing someone else as
your guardian, whether he is the imam of the mosque or someone else,
this is not permissible. In fact some of the scholars were of the view
that if a woman's marriage contract is done by a more distant
guardian, such as her brother, when the closer guardian, such as her
father, is still alive, the marriage contract is not valid. This has
been explained previously in fatwa no. 135233
So it is more likely that the marriage contract done by a non-mahram
when the guardian is still alive is not valid.
With regard to what this young man is asking for of seeing you and
meeting you before marriage, in principle this is something that is
prescribed. This has been explained previously in fatwa no. 2572
But for you to go and let him see you on your own, this is not
permissible, especially if that results in being alone together,
because being alone with a woman is prohibited, as we have previously
explained in fatwa no. 94019
Similarly, it is not permissible for you to go and meet him
accompanied by a non-Muslim, because your interacting with a
non-mahram non-Muslim is also not permissible, as it opens the door to
a great deal of temptation and corruption.
Our advice to you in this situation is to hasten, first of all, to get
in touch with your father and tell him about this matter, and wait for
his opinion. If he agrees with you meeting this young man, then that
will be by your father's arrangement and in his presence, or in his
company.
If that is not possible, then he may appoint one of your mahrams to
take charge of the matter and be your chaperone.
If that is not possible either, it is permissible for you to meet him
in the company of some trustworthy Muslims, and we suggest that it
should be the imam of the mosque, or one of those in charge of the
Islamic centre in your neighbourhood, and the contact or meetings
between you and this young man after that should be arranged through
this imam or the people in charge of the Islamic centre, because
direct contact with him is a means that may lead to evil or mischief.
If the matter works out and the time comes for the marriage contract,
then you should proceed along the lines explained above: either your
father should come and do the marriage contract himself, or your
father should appoint someone else to do the marriage contract for you
in his stead, whether that proxy is one of your relatives or someone
else.
Finally, we should draw your attention to an important matter, which
is that it is stipulated that this young man who has proposed marriage
to you should be a Muslim and chaste, because it is not permissible
for a Muslim woman to marry anyone but a chaste Muslim man, as we have
explained previously in fatwas no. 85335and 118098
More importantly, it is not permissible for her to marry a non-Muslim;
this is haraam and is an invalid marriage, according to scholarly
consensus.
And Allah knows best.
♣ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ♣

How to Perform Eid Prayer

" Eid is Waajib! "
-
{for Hanafi}
-
The Eid Prayer has two rak'ah to perform in the normal way, with the
only addition of six takbirs, three of them in the beginning of the
first rak'ah, and three of them just before ruku' in the second
rak'ah.
-
*The detailed way of performing the 'Eid prayer is as follows:
-
The Imam will begin the prayer without Adhan or Iqamah. He will begin
the prayer by reciting takbir of Tahrimah (Allahu Akbar). You should
raise your hands up to the ears, and reciting the takbir, you give a
little pause during which you should recite Thana' (Subhanak
Allahumma.......)· After the completion of Thana' the Imam will recite
takbir (Allahu Akbar) three times, and after reciting each Takbir
(Allahu Akbar) in a low voice, you should bring your hands down and
leave them earthwards. But, after the third takbir, you should set
them at the level of your navel as you do in the normal prayer.
After these three takbirs the Imam will recite the Holy Qur'an, which
you should listen quietly. The rest of the rak'ah will be performed in
the normal way.
After rising for the second rak'ah, the Imam will begin the
recitations from the Qur'an during which you should remain calm and
quiet. When the Imam finishes his recitation, he will recite three
takbirs once again, but this time it will be before bowing down for
ruku'. At each takbir you should raise your hands up to the ears, and
after saying "Allahu Akbar' bring them down and leave them earthwards.
After these three takbirs have been called and completed, the Imam
will say another takbir for bowing down into the ruku' position. At
this takbir you need not raise your hands. You just bow down for your
ruku' saying, 'Allahu Akbar'. The rest of the Salah will be performed
in its usual way.
-
{for Shafi - * according to the Shafi'ee Madhab, there are twelve
extra Takbiraats in Eid Salaah, i.e. 7 in the first and 5 in the
second Rak'ah.}

General, - * Did the Prophet (blessings and peace of Allah be upon him) touch the Black Stone in every circuit?

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How many times did the Messenger kiss the Black Stone? Did he kiss it in all seven circuits, or was it only once?
-
Praise be to Allah
It is Sunnah for the one who is doing tawaf to kiss the Black Stone in every circuit of his tawaf if he is able to do so without disturbing anyone. If it is too difficult for him to do that, then he may touch it with his hand and kiss his hand. If that is not possible, then he should point to it.
It is sunnah for him to do that in each circuit of his tawaf because of the report narrated by Abu Dawood in hisSunan(1878):
The Messenger of Allah (blessings and peace of Allah be upon him) did not omit to touch the Yemeni Corner (ar-rukn al-yamani) and the Black Stone in every circuit.
Classed as saheeh by al-Albaani (may Allah have mercy on him).
Muslim (1268) narrated that Naafi‘ said: I saw Ibn ‘Umar touching the Stone with his hand, then he kissed his hand and said: I did not stop doing this since I saw the Messenger of Allah (blessings and peace of Allah be upon him) doing it.
An-Nawawi said:
This indicates that it is recommended to kiss the hand after touching the Black Stone, if one is unable to kiss the Black Stone.
This hadith may be understood as referring to one who is unable to kiss the Black Stone. Otherwise, the one who is able to do so should kiss the Stone and not limit himself to touching it with his hand. End quote fromSharh Muslim(9/15).
Something similar was said by Shaykh al-Mulla Qaari concerning the phrase “touching the Stone with his hand, then he kissed his hand.” He said: Perhaps this was at a time when it was very crowded. End quote fromMirqaat al-Mafaateeh(5/1795).
Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him) was asked: You said that it is prescribed for the one who is doing tawaf to kiss the Black Stone if possible, otherwise he should touch it or say takbeer. This is in the first circuit; but what is the ruling on the other circuits? What is the ruling if he does not do that?
He replied:
The same ruling applies to all the circuits, but if he does not do that, it does not matter, because saying takbeer, kissing the Black Stone and touching it are all Sunnah; what really matters is tawaf (circumambulating the Ka‘bah). End quote fromMajmoo‘ Fataawa ash-Shaykh Ibn ‘Uthaymeen(22/331).
And he (may Allah have mercy on him) said:
All of these actions were narrated from the Prophet (blessings and peace of Allah be upon him).
The best of them are touching the Stone with one’s hand and kissing the Stone; then touching the Stone and kissing one’s hand; then touching it with a stick and the like and kissing it, if doing so will not cause annoyance to anyone – but this Sunnah only applies to one who is riding, as far as we know; then pointing to it. So there are four possible actions, in order of preference, to be done without causing annoyance to others or putting oneself through hardship. End quote fromash-Sharh al-Mumti‘(7/238).
Conclusion:
If the one who is doing tawaf is able to kiss the Black Stone, or to touch it, without causing annoyance to anyone, then he should do that in every circuit, but it is not obligatory.
And Allah knows best.

Marriage Contract, - * Someone has proposed marriage to a girl, and she is asking whether she can meet him with a non-Muslim chaperone, because she is cut off from her family

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I have a question concerning marriage.I am a sister who was born a Muslim but was not raised one.It wasnt until about last year that I embraced Islam.Now,there is a brother who has expressed interest in marrying me but the issue of me not having a wali has arisen(I have had no kind of contact with my father in over 5 years)I refuse to go into marriage talks with a brother or go through with anything without a wali.The brother has also said that it would be best if we met a few times before anything was finalised but I made it clear to him that I will not be meeting without an appropriate chaperone. I know that I could get an imam to act as my wali but as far as the chaperone goes, I am not too sure who I can have as one. Unfortunately, the area I live in right now, has almost no Muslims and most of the people I do speak to are not Muslim. In Sha Allah I will be in a better position Islamically in a few months but I am still not sure who could act as a chaperone. I told the brother that I would rather the chaperone be a Muslim but he told me that that was not the case and that I could ask anyone that I trusted even if they werent Muslim. I was wondering if it is permissable to have a non Muslim as a chaperone...I do not feel comfortable with the idea but he insists it is okay. I know I have made quite a few missteps in this entire process and achnowledge my errors and I ask Allah to forgive me for them.
-
Praise be to Allah.
We congratulate you for what Allah has bestowed upon you of guidance and enabling you to adhere to the rulings, teachings morals and manners of Islam. We ask Allah, may He be glorified, to help you to always adhere to the commands of Allah, may He be glorified, and to divert from you the evil of the devils among mankind and the jinn.
With regard to marriage to this person or anyone else, it is not permissible without a guardian (wali), because having a guardian is one of the conditions of the marriage contract being valid, as has been explained previously in fatwa no. 99696.
The fact that you have been cut off from your father for a while is not an excuse for marrying without a guardian. This is in addition to the fact that your forsaking your father for this length of time is something that is haraam; in fact it is a major sin because of what it involves of disobedience towards him and severing of family ties. We have previously explained that severing ties with one’s father and not upholding ties with him is haraam, no matter what the father may have done of bad treatment or falling short. So how about if the reason for that has to do with the child? Please see fatwa no. 87802.
Our advice to you is to hasten to get back in touch with your father, treat him kindly, and apologise for your shortcomings and bad behaviour. Then you can tell him about this suitor, and if he wishes he may do the marriage contract himself, so long as he is still a Muslim, or if he wishes he can appoint a proxy to do the marriage contract. As for bypassing your father and appointing someone else as your guardian, whether he is the imam of the mosque or someone else, this is not permissible. In fact some of the scholars were of the view that if a woman’s marriage contract is done by a more distant guardian, such as her brother, when the closer guardian, such as her father, is still alive, the marriage contract is not valid. This has been explained previously in fatwa no. 135233
So it is more likely that the marriage contract done by a non-mahram when the guardian is still alive is not valid.
With regard to what this young man is asking for of seeing you and meeting you before marriage, in principle this is something that is prescribed. This has been explained previously in fatwa no. 2572
But for you to go and let him see you on your own, this is not permissible, especially if that results in being alone together, because being alone with a woman is prohibited, as we have previously explained in fatwa no. 94019
Similarly, it is not permissible for you to go and meet him accompanied by a non-Muslim, because your interacting with a non-mahram non-Muslim is also not permissible, as it opens the door to a great deal of temptation and corruption.
Our advice to you in this situation is to hasten, first of all, to get in touch with your father and tell him about this matter, and wait for his opinion. If he agrees with you meeting this young man, then that will be by your father’s arrangement and in his presence, or in his company.
If that is not possible, then he may appoint one of your mahrams to take charge of the matter and be your chaperone.
If that is not possible either, it is permissible for you to meet him in the company of some trustworthy Muslims, and we suggest that it should be the imam of the mosque, or one of those in charge of the Islamic centre in your neighbourhood, and the contact or meetings between you and this young man after that should be arranged through this imam or the people in charge of the Islamic centre, because direct contact with him is a means that may lead to evil or mischief.
If the matter works out and the time comes for the marriage contract, then you should proceed along the lines explained above: either your father should come and do the marriage contract himself, or your father should appoint someone else to do the marriage contract for you in his stead, whether that proxy is one of your relatives or someone else.
Finally, we should draw your attention to an important matter, which is that it is stipulated that this young man who has proposed marriage to you should be a Muslim and chaste, because it is not permissible for a Muslim woman to marry anyone but a chaste Muslim man, as we have explained previously in fatwas no. 85335and 118098
More importantly, it is not permissible for her to marry a non-Muslim; this is haraam and is an invalid marriage, according to scholarly consensus.
And Allah knows best.