There is No Marriage without a Guardian – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

Sharh as-Sunnah : Lesson 78 : Points 133
Shaykh Fawzan | Dawud Burbank [Audio|English]

Imaam Barbahaaree rahimahullaah said:

Whichever woman gives herself away in marriage to a man, then she will not be permissible for him. They are both to be punished if he has violated her, unless the marriage is performed with a guardian (walee), two just witnesses and a dower (sadaaq[1].

NOTES

[1] The Messenger of Allah (sallallaahu alaihi wa sallam) said,

“ There is no marriage without a guardian (walee).”

[Reported by Ahmad, Abu Daawood (Eng. trans. 2/558/no.2080) and at-Tirmidhee.]

Ibn ‘Abaas (radiallaahu anhu) said,

“There is no marriage except with a guardian advising and two just witnesses.”

[Reported by al-Baihaqee, ash-Shaafi’ee in his Musnad and al-Baghaawee in Sharhus-Sunnah (9/45).]

[Souncloud Audio Link

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan
hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhus Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharh as-Sunnah of Imaam Barbahaaree

Related Links:

Temporary Marriage of Convenience (al-Mut’ah) is forbidden till the Day of Resurrection – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

Sharh as-Sunnah : Lesson 54: Point 96
Shaykh Fawzan | Dawud Burbank [Audio|English]

Imaam Barbahaaree rahimahullaah said:

And know that temporary marriage of convenience (al-Mut`ah) and marrying a woman merely to make her lawful for her previous husband (al-Istihlaal) are forbidden till the Day of Resurrection.

[Souncloud Audio Link

Shaykh Fawzan’s Explanation:

This is a matter of fiqh (jurisprudence). However, he brought it here because it has a connection to `aqeedah (creed and belief). Because al-Mut`ah (temporary marriage of convenience) is to declare as lawful something which Allaah, the Mighty and Majestic, has made forbidden. And what this term al-Mut`ah (temporary marriage of convenience) means; to marry a woman for a certain set period whether it be long or short and after it, then the marriage ends automatically and does not require divorce.

Mut`ah; this temporary marriage, it used to be permissible at the beginning of Islaam and then the Prophet sallAllaahu `alayhi wa sallam forbade it at the Battle of Khaybar.[1] Then he permitted it on the day of the Conquest of Makkah. Then he forbade it forever.[2]

So to begin with, it was lawful then it was made forbidden. Then it was permitted then it was forbidden forever. And the Muslims are united in consensus (Ijmaa`) that it is forbidden and that it is nikaahun baatil (baseless marriage). And there is consensus of this nation that it is forbidden, no-one disagrees with regard to that except for the Raafidah Ja`firee Shee`ah. They are the ones who contradict with regard to it. And their differing is not counted and has no value. So there is consensus (Ijmaa`) and text to show that temporary marriage of convenience (al-Mut`ah) is forbidden. It is a futile marriage and it has the ruling of zinaa (fornication).

His saying, “al-Mut`ah tan-nisaa,” Why did Imaam al-Barbahaaree say Mut`ah, meaning Mut’ah of the women, excluding by that Mut`ah of Hajj, which is that a person does Tamattu`, performing `Umrah and then performing Hajj. This is not what is meant here, for Hajj Tamattu` is what was supported by the majority of the People of Knowledge and no-one disagrees with regard to it except a small number but as for Mut`ah of the women meaning temporary marriage, then it’s forbidden by consensus, no-one disagrees about it from those whom disagreement is counted. Whereas, Mut’ah in Hajj is a matter of fiqh but as for Mut’ah, which is temporary marriage, then it is a matter, which has a connection to aqeedah (creed and belief) because it is making permissible that which Allaah, the Perfect and Most High, has made forbidden.

Footnotes:

[1] The Battle of Khaybar, the well-known battle against the Jews of Khaybar in the 7th year of Hijrah.

Al-Bukhaariyy reported in his saheeh (4,261) and also reported by Muslim in his saheeh (1,407) from Aliyy radiyAllaahu `anhu who said Allaah’s Messenger sallAllaahu `alayhi wa sallam forbade temporary marriage to the women on the day of Khaybar and he forbade eating the meat of domestic donkeys.

[2] Hadeeth for that reported by Muslim in his saheeh (1,406) from Sabrah al-Juhanee that, He was with Allaah’s Messenger sallAllaahu `alayhi wa sallam and he said:

“O people, I have permitted you to take pleasure from the women and Allaah has forbidden that now until the Day of Resurrection. So, whoever has something from them then let that go on its way and do not take from anything that you have given to them.”

And in one wording:

“Allaah’s Messenger sallAllaahu `alayhi wa sallam commanded us with al-Mut`ah (temporary marriage) in the year of the conquest when we entered Makkah then we did not depart from it until he had forbidden us from it.”

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan
hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Transcribed by Saima Zaher.

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhus Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharh as-Sunnah of Imaam Barbahaaree

If a man divorces his wife three times then she has become forbidden for him – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

Sharh as-Sunnah : Lessons 35 : Point 48
Shaykh Fawzan | Dawud Burbank [Audio|English]

Imaam Barbahaaree rahimahullaah said:

And if a man divorces his wife three times then she has become forbidden for him and she will not be permissible for him unless she marries another man.

[Souncloud Audio Link

Transcribed Audio:

His saying, “And if a man divorces his wife three times then she has become forbidden for him,” if a man divorces his wife three times (three separate times divorces) then she becomes forbidden for him by consensus (ijmaa`) just as if he were to say “you are divorced” then afterwards he says “you are divorced” and then he says “you are divorced” or if he says to his wife “you are divorced then divorced or and so divorced” because this indicates a sequence and she becomes irrevocably divorced and separated from him if the number of divorces reaches three and she becomes forbidden for him unless and until she has married another husband besides him.

He, the Most High, said:

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ – 2:229

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ – 2:230

Divorce is twice then you may either retain her upon reasonable terms or release her in a good manner.

Up until His saying, He the Most High:

And if then he divorces her for the third time then she is not permissible for him after that unless and until she has married another husband besides him. And if he (second husband) then divorces her, in that case there is no harm if the two of them wish to reunite provided that they think they can establish the limits laid down by Allaah.

(Sooratul-Baqarah (2), aayah 229-230)

This is if the divorces are separate even if it is within a single sitting but as for a person who says “you are divorced, you are divorced, you are divorced” without a word of adding in between, in this case we examine if he intended by repeating it just to emphasise it then it will be a single divorce but if he was intending establishing that he wanted to divorce her three times then she will be irrevocably divorced from him if it reaches the third one.

However, if the divorces are said with a single word such as his saying “you are divorced three times over” or “you are divorced three times” then the majority hold that it counts as three divorces and she becomes separate irrevocably from him and forbidden for him unless and until she marries a different husband besides him. And this is the position of the four Imaams but in the saying of some of the verifiers that the three is counted only as one divorce and the matter; there is prolonged disagreement with regards to it. However, what will suffice us is that we know that divorce three times over makes her forbidden for him not forever more but rather it makes her forbidden for him unless and until she marries a different husband besides him and then he divorces her in that case. But as for entering into matters of disagreement then this does not concern us at the moment. [1]

And the intent of the author in entering these matters in `aqeedah (creed and belief), and Allaah knows best, is to make clear that the matter of marriage is an important matter, which is obligatory to give care and attention to in accordance with legislated principles for it so that people should not be lax about it and about its legal procedures and because the book is entitled Sharhus-Sunnah; literally ’An Explanation of the Sunnah’ meaning clarification of the Sunnah in every matter and from that is the issues of marriage.[2]

Footnotes:

[1] Translator’s side point: People of Knowledge make clear the woman marrying her second husband from the authentic evidences, has to be correct in marrying the second husband, not just as a trick to try and get back to the first one.

[2] Shaykh Ahmad an-Najmee rahimahullaah said in his explanation:

As for his saying, “So if a man divorces his wife three times then she has become forbidden for him and she will not be permissible for him unless she marries another husband besides him,” this matter, there is a great disagreement about it amongst the scholars. The majority hold that if a man divorces his wife three times at once with a single saying then she becomes forbidden for him; divorced from him. Whereas, from the People of Knowledge, there are some who say that the divorce, which makes her forbidden, is the divorce in accordance with the Sunnah that he divorces her in a period that is free from menses and he has not had sexual relations with her. So, as for divorcing three times with a single word then it is counted as one and a middle and balanced saying is that it’s counted still as three in accordance with his intention and the matter, there is a great deal of speech about it and Allaah is the one who grants success.

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan
hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Transcribed by Saima Zaher.

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhus Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharhu Sunnah of Imaam Barbahaaree

There is no marriage except with a guardian & two just witnesses & a dower – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

Sharh as-Sunnah : Lessons 35 : Point 47
Shaykh Fawzan | Dawud Burbank [Audio|English]

Imaam Barbahaaree rahimahullaah said:

And there is no marriage except with a guardian (walee) and two just witnesses and a dower (sadaaq) whether it be a small amount or a large amount. And whoever does not have a guardian then the ruler is the guardian for one who does not have a guardian (walee)

[Souncloud Audio Link

Transcribed Audio:

This is a fiqh issue and it is an explanation of the conditions for the correctness of marriage (nikaah) with the jumhoor (majority) of scholars and from them is that it should be along with the permission of the walee (guardian) and that a woman may not marry herself off and from its conditions is al ishhaad (to have witnesses) to the contracting of the marriage. So, a marriage may not be contracted in secret without witnesses. So, from the position of the Muslims is to openly announce marriage and the matter of the walee (having a guardian) is a point where there is some disagreement. The jumhoor (great majority) hold that having the walee (guardian) is essential whereas with the Hanafees, there is no harm in a woman marrying herself off without the permission of the guardian. However, this is a saying that is not the correct saying, it is contrary to the evidence because of his saying sallAllaahu `alayhi wa sallam:

“There is no marriage except with a guardian and with two just witnesses.”[1]

And his saying in the other hadeeth:

“A woman may not marry off another woman and a woman may not marry off herself, for the fornicatress (the one who commits zina, fornication) is the one who marries herself off.”[2]

“Whichever woman gets married without the permission of her guardian then her marriage is invalid, invalid, invalid.”[3]

So even though some of the jurists declare it to be correct (meaning a woman getting married without the permission of her guardian; walee) based upon ijtihaad (personal striving) from that scholar then what is counted is the evidence and therefore the author stated this matter even though it is a matter of fiqh to make clear that this is the correct position and it is the position which the majority of the People of Knowledge were upon that which is proven by the Prophetic Sunnah and in order that the marriages of the Muslims should be correctly regulated and not be entered upon by secrecy and ihtiyaalaat (fraudulent tricks). Rather they should be clear and open for indeed marriages are from the most important of affairs because upon them families are built and from them offspring are produced and upon them lineages are built and something even more severe is built upon them rendering the private parts lawful. So, therefore it is essential that the legislated principles are applied to contract a marriage as occurs in the ahaadeeth and in the aayahs.

And his saying, “And it should be with a sadaaq (dower) and with a dower whether it’s a small amount or a large amount,” as for the sadaaq (dower) then it is not a condition (shart). However, it is waajib (obligation). And therefore, if the marriage were to be contracted without a sadaaq (dower) then the contracting of the marriage will be correct. However, a sadaaq (dower) will be appointed for her in accordance with that of women who are like her because this is a right of hers.

His saying, “And whoever does not have a walee (guardian) then the ruler is the guardian for the one who does not have a guardian,” having a walee (guardian) is essential.

And the walee (guardian) is the wife’s close male relatives; the closest and then the next closest from them. Firstly, her father then her grandfather and so on upwards and then her son and the son of her son and so on downwards and then her full brother and then her brother through her father; meaning her brother who shares the same father but the mother is different and then her full paternal uncle and then her uncle who is the brother of her father and then the son of her full uncle (son of the father’s brother) and then the son of her uncle who is the brother of her father. This is the guardian (walee) of the woman.

And if it occurs that a woman does not have a walee (guardian) from her close male relatives then her guardianship is taken on by the ruler or the one who represents the ruler and he is the judge in the court. So marriage must have regulating principles and it may not be anarchy just in accordance with the desires and lusts of the people. [4]

Footnotes:

[1] Reported by Imaam Ahmad and Aboo Daawood and At-Tirmithee and Ad-Daarimee and AtTahaawiyy in Sharh Ma`aanee al-Aathaar from a hadeeth of Aboo Moosaa Al-Ash`aree radiyAllaahu `anhu.

Translator’s side point: This hadeeth was declared saheeh (authentic) by Shaykh al-Albaaniyy as hadeeth 1,839 in Irwa al Ghaleel .

[2] Reported by Ibn Maajah and Ad-Daaraqutnee in his Sunan and Al-Bayhaqee in his Sunan al-Kubraa from a hadeeth of Aboo Hurayrah and it was declared saheeh (authentic) by Ibn al-Mulaqqin in Al-Badr Al-Muneer to the standard of Muslim.

Shaykh al-Albaaniyy in his checking of Ibn Maajah declared this hadeeth saheeh except for the sentence about azzaaniyah (fornicatress), the first part being authentic supported by other narrations; “A woman may not marry off another woman and a woman may not marry herself off”, that being authentic.

[3] Reported by Imaam Ahmad in his musnad and by Aboo Daawood, At-Tirmithee and Ad-Daarimee and by AtTahaawiyy in Sharh Ma`aanee al-Aathaar from a hadeeth of `Aa`ishah radiyAllaahu `anhaa.

Side point: This hadeeth was declared saheeh (authentic) also by Shaykh al-Albaaniyy.

[4]Side point: Shaykh Ahmad an-Najmee rahimahullaah said in his explanation:

“And there is no marriage except with a guardian and with two just witnesses with a dower whether it be a small amount or a large amount,” this is the position of the jumhoor (the great majority) and it is what is the truth. So, therefore, those who say that the woman can marry off herself without the permission of her guardian is a saying, which is false, opposite to the evidences and contrary to them. Indeed, it opens up a breach for the people of corruption. So, it is obligatory to believe that this is futile. And likewise, her getting married without a dower. However, if the dower is not stated at the marriage then what is correct is that it does not make it null and void and is still counted as a valid marriage but she should be given a dower the same as women who are like her and her close relatives and women of her age; meaning the dower that is well-known amongst the people, whether it be a small amount or a large amount, at that time and at that place and this woman is called Anwalliyah; one who has given up the affair to someone else with the jurists.

His saying, “Whoever does not have a guardian then the ruler is the guardian for one who has no guardian; a walee,” this is the correct saying. So the woman who does not have a guardian then her guardian will be the ruler because of the hadeeth:

“The ruler is the guardian for the one who does not have a guardian.”

Some of the evidences with regard to the necessity of having a walee that brings some of the aayahs of the Qur·aan, each of the aayahs that they bring Sooratun-Noor (24) aayah 32, Sooratul-Baqarah (2) aayah 221, Sooratul-Baqarah (2) aayah 232, each of them in an address with regard to marrying the women and the address with regard to marrying off is the addresses to the men; men marrying off the women as opposed to an address to the women looking to get married. With regard to the point where the Shaykh mentioned that a woman getting married without any guardian and saying that it’s permissible for a woman to marry herself off without any guardian, this opens up a door to people who want to cause corruption.

And they mention in the footnote, Shaykh Ahmad an-Najmee himself he said, “I myself heard that there was one of the jurists from the Hanafee’s in one of the Arab lands and he had a son who was deviant and he used to hear from his father that it is not a condition for marriage that a woman has the permission of her guardian. So, this son when he used to hear that, used to accompany a group of people who were evildoers and they used to do illicit sexual acts with the women. He taught theevil group that what they should do is say to the prostitute woman, when you go to pay her you should say, “marry yourself to me” and she should say “I marry myself to you” and he should say “I accept it” and then when he’s finished his night with her then you say to her “you’re divorced” and on the second night, you can do it with a different woman.

Shaykh said, “So you can see that this madhab has been used here contrary to the evidence as a means for causing corruption even though the Hanafee madhab itself does not make the like of this permissible. However, it makes permissible only a marriage, which is going to be permanent and it does not make permissible mixing waters of one man with another when divorced. Rather, there must be an `iddah (waiting period) making sure her womb is clear, even a woman who frees herself by khulah or a slave girl who is poor.”

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan
hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Transcribed by Saima Zaher.

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhus Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharhu Sunnah of Imaam Barbahaaree

Is it Not Allowed To Marry in Muharram? – Dr Murtaza bin Baksh [Video|Urdu-English Subtitles]

Translated by Aboo Bilal Nahim ibn Abd al Majid [hafidhahullah]

Our brother’s question is: My friend is about to get married in [the month of] Muharram. His friends and relatives are saying that he shouldn‘t get married in Muharram as it is prohibited. Brother, why shouldn’t we get married in Muharram?

Dr. Murtza bin Baksh (hafidhahullaah):

The individuals that prohibit getting married in Muharram are the Rafidi [extreme] Shi‘a. They don’t get married in Muharram and more specifically in the first 10 Days.

They are Ahlul-Bid’ah [people of innovation] and deviance. The meaning of Bid’ah is without any textual evidence [from the Book of Allah or the [Authentic] Sunnah] starting a new practice [as a form of worship].

Nikkah [marriage] can be performed at any time of the year. The only exception being when someone is in the state of ihraam [performing Hajj or Umrah] at this time it is Haraam [impermissible to perform a nikkah]. Other than this time, if you wish to get married then you can do so. Now with regards to the month of Muharram what relationship does it have to not getting married?

They say it is the month of mourning. What month of mourning is it?

The Prophet (sallallaahu alaihi wa sallam), his companions (may Allaah be pleased with them all) got married in the month of Muharram. So, when did it become this month of mourning?

That which has been prohibited by the Shar’iah is prohibited for us! If we prohibit something upon ourselves that has not been been prohibited by the Shar‘iah then this is a form of innovation [in the religion]. So this is not permissible my brothers…

prophet muhammad’s marriage in muharram, marriage in muharram and safar, Is getting married in the month of Muharram, Weddings During the Month of Muharram, Misconception regarding nikah in Muharram and safar!

Refuting Misconceptions About Marriage in Islam – Dr Saleh as Saleh [Audio|En]

Mp3 – Download Part 01

Mp3 – Download Part 02

Wife Beating in Islam – A Widespread Misconception – Dr. Saleh As Saleh [Audio|English]

“Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient (to Allah and to their husbands), and guard in the husband’s absence what Allah orders them to guard (e.g. their chastity, their husband’s property, etc.). As to those women on whose part you see ill-conduct, admonish them (first), (next), refuse to share their beds, (and last) beat them (lightly, if it is useful), but if they return to obedience, seek not against them means (of annoyance). Surely, Allah is Ever Most High, Most Great.” [Qur’an 4:34 – Muhsin Khan Translation]

[Alternative Mp3 Download Link]

 

Menses & Legal Sexual Intercourse – Shaykh Uthaymeen

Sixth : Menses & Legal Sexual Intercourse

It is prohibited for a husband to have sexual intercourse with his menstruating wife, and it is not allowed for her to make it possible for him. Allah (Azza wa Jal) says:

{ويسألونك عن المحيض قُل هُوَ أذًى فاعتَزِلُوا النِّساءَ في المَحيض ولا تقربوهُنَّ حتى يطْهُرن }

[Surah Al-Baqarah 2:222]

“They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have been purified (from menses and have taken a bath).” (Qur’an 2: 222).

Menses here refers to the period of menstruation and the private part of the woman is the prohibited place. The Prophet (صلى الله عليه وآله وسلم) said: “Do everything except sexual intercourse.” [40]

All Muslims had Ijmaa’ prohibiting sexual intercourse with a menstruating woman. It is not permissible for anyone who believes in Allah and in the Day of Judgment to practice this act. Anyone who does this then he had disobeyed Allah and His Messenger and followed a path other than the believers path [41].

It is related that Imam Ash-Shaafiee’ had said:

Anyone who does such an act then he had committed a Great Sin“.

Other scholars of the same school said:

Anyone who sees it permissible to have sexual intercourse with a menstruating woman then a decree of his Kufr (rejection of Faith) should be made.”

In order to break the intensity of sexual desire, it is permissible (and praise is due to Allah) to kiss, hug and fondle a menstruating woman in places other than her private parts. It is important, however, that the husband does not approach the area between the knees and the navel without laying a cover sheet as ‘Aisha ( رضي الله عنها) explained:

“He (صلى الله عليه وآله وسلم) used to order me to put an Izar (dress worn below the waist) and used to fondle me (during her menses)” [42].

Footnotes:

[40] Saheeh Muslim (English) V 1. P.175, Hadeeth # 592.
[41] Allah (سبحانه و تعالى) warns saying:

{ ومن يُشاققِ الرَّسول من بَعدِ ما تبينَ لهُ الهُدى ويتَّبِعُ غيرَ سبيل المؤمنين نُوَلِّهِ ما تَولَّى ونصلِهِ جَهَنَّم وساءتْ مَصيراً }
– Surah an-Nisa 115

“And whoever contradicts and opposes the Messenger (Muhammad (صلى الله عليه وآله وسلم)) after the Right Path has been shown clearly to him, and follows other than the believers’ way, We shall keep him in the path he has chosen, and burn him in Hell;–what an evil destination.” (Qur’an 4: 115)

[42] Saheeh Al-Bukhari (Arabic-English): V. 1, P.180, Hadeeth # 298.

Posted from : [eBook] Natural Blood of Women – Shaykh Uthaymeen – Dr Saleh As-Saleh

Pessimism about Safar is a characteristic of Jahiliyyah – Fatwas of Ibn Baz

Q: It is known that many people are pessimistic about the month of Safar regarding many affairs. Such people, for example, do not conclude marriage contracts during Safar. Moreover, many people believe that it is not permissible to break a stick, knot ropes, or entwine fingers when concluding a marriage contract for this leads to failure of the concerned marriage and disharmony between the spouses. Since all the foregoing are beliefs bearing on ‘Aqidah (creed), could you please advise and clarify the ruling on it? May Allah guide us all to all that He loves and is pleased with.

A: Pessimism about Safar is not permissible. It is a characteristic of Jahiliyyah (pre-Islamic time of ignorance).

Safar – just like all other months – does not bring good or evil, as good is only from Allah (Glorified be He) and evil is predestined by Him. Moreover, it is authentically reported that the Prophet (peace be upon him) annulled the concept of pessimism when he said:

There is no ‘Adwa (contagion, disease transmission naturally by itself not by the Decree of Allah), nor is there any Tiyarah (evil omen), nor is there any Hamah (pre-Islamic superstitious belief that the bones of a dead person turn into an owl), nor is there Safar (the month of Safar was believed to bring bad luck during Jahiliyyah).

(Agreed upon by Imams Al-Bukhari and Muslim)

The same applies to pessimism about entwining fingers, breaking a stick, etc., when concluding a marriage contract. Such beliefs are false, baseless, and thus they should not be adopted by a Muslim. May Allah grant us all success!

Source: Fatwas of Ibn Baz

http://alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=182&PageNo=1&BookID=10

Getting Married with the Intention of Divorce – Shaykh Ibn Uthaymeen

by Shaykh Allaama Muhammad bin Salih al-Uthaymeen (d.1421 A.H.)
Translated by Abbas Abu Yahya

Getting married with the intention of divorce is Haraam because it is cheating the wife and her family

The Esteemed Shaykh Muhammad bin Salih al-Uthaymeen may Allaah have mercy upon him was asked:

A person wanted to travel outside this country because he had been delegated to do so, and he wanted to protect himself by getting married from that country for a specific time, then after that he will divorce this wife, he would have married her without informing her that he will divorce her, so what is the verdict regarding his action?

So the Shaykh answered:

‘This marriage with the intention of divorce is of two situations: either he makes it a condition in the contract, that he marries her for a month or a year, or until he completes his studies, then this is a marriage of Muta’ (temporary marriage) and this is Haraam.

Or either, he intends that without making it a condition, so what is well-known from the Madhab of the Hanabila, that this is Haraam, and that the marriage contract is invalid because they say that the one who makes this intention is similar to the one who makes a condition (i.e. specific period of time), due to the saying of the Prophet -sallAllaahu alayhi wa sallam-:

‘Indeed actions are but by intentions and indeed every person will have what they intended.’

If a man marries a woman from someone who has pronounced a divorce from her three times, and he marries her to make her Halaal for her previous husband so he can re-marry her, and then he divorces for this reason then this type of  Nikah (Marriage contract) is invalid, even if this Nikah was without the condition of divorcing her, since the one who makes the intention of doing this is like the one who makes it a condition.

Therefore, if getting married with the intention of making the wife permissible for her previous husband invalidates the marriage contract then the intention of Muta’ also invalidates the marriage contract,  this is the opinion of the Hanabila.

The second opinion of the people of knowledge regarding this issue is: that it is correct for a man to marry a woman and he has the intention to divorce her, if he leaves that  country, like those foreigners who go abroad for education, etc.

Their reasoning is that the man has not made a condition (of a specific period of time), and the difference between this and Muta’ is, that in Muta’ if the time period finishes then a separation takes place between the husband and wife, whether the husband likes it or not, this is contradictory to the other way, since it is possible for him to want and have interest in the wife and she continues to remain with him, and this is one of the two sayings of Shaykh ul-Islaam Ibn Taymeeyah.

What I say is, that this is correct, it is not Muta’ since the definition of Muta’ (temporary marriage) cannot be applied to this, but marriage with the intention of divorce is Haraam from the angle that it is cheating the wife and her family.   Indeed the Prophet has made cheating and deception  Haraam, and if the wife came to know that this man did not want to marry her except for this period of time, she would not have married him, and her family would also not marry her to him since the man would not allow his daughter to marry a person who has the intention of divorcing her when he has finished with his need from her, so how can this man allow for himself to deal with others with that which he does not allow for them to deal with him.

This contradicts Eemaan, due to the saying of the Prophet -sallAllaahu alayhi wa sallam:

‘None of you truly believe until you love for your brother what you love for yourself.’

Since I have heard that some people have taken this verdict as a means which leads to a matter that no-one holds permissible which is that some people travel to countries only to get married (temporarily). They go to these countries so they can get married and then they stay with this wife, whom they marry with the intention of a temporary period, then they return however long Allaah wills.

This is also seriously forbidden in this issue, so it is better to close this door, due to what is there from cheating, deception and dishonesty and because this opens the door and the people are ignorant, and most people are not prevented due to following their desires, transgressing against what Allaah has made Haraam.’

[‘Fatawa for the Muslim Women’ V.2 p.757 &  Fatawa ash-Shaykh Muhammad Salih al-Uthaymeen V.2 p.789]

Posted from Abbas Abu Yahya hafidhahullaah’s blog
https://followingthesunnah.wordpress.com

The Ruling on Misyaar Marriage – Shaykh Saalih Al-Fawzaan

http://mtws.posthaven.com/misyaar-mar…
Translated by Rasheed ibn Estes Barbee حفظه الله

Video Courtesy: Bilal Nahim

Translator’s Note: Misyaar marriage is where a man does an Islamic marriage contract with a woman, meeting the conditions of marriage, but the woman gives up some of her rights such as accommodation, maintenance, or the husband’s staying overnight with her

Tags: Misyaar Marriage , Misyar Marriage,  Nikah al-Misyar

The Use Of Contraceptives to Avoid the Pregnancy – Shaykh Ibn Uthaymeen

FIRST: To Completely Prevent Pregnancy.

This is not permissible because:

  • (a) it will diminish the Islamic population and this is against the objective of Sharee’aa which aims at increasing the population of Muslims.
  • (b) the woman is unable to guarantee against the death of her existing children and thus she may die without having any children.

SECOND: To Temporarily Prevent Pregnancy.

This applies if the woman had many pregnancies and this is beginning to weaken her. If she wants to regulate her pregnancy so as to have it once every two years, then given the approval of her husband, it is permissible for her to use contraceptives as long as their use does not harm her. The Sahabah used to perform Coitus Interrupts [59] and they were not prevented (i.e., by the Prophet-صلى الله عليه و سلم). This method involves regular sexual intercourse with the wife except at the time of ejaculation, the husband pulls out and ejaculates outside the private part of the woman.

Footnotes:

[59] Narrated Jabir: “we used to practice Coitus Interrupts during the life of time of Allah’s Messenger (صلى الله عليه و سلم)”. Collected by Al-Bukhari in his in Saheeh (Arabic-English) V.7, P.102

Posted from : [eBook] Natural Blood of Women – Shaykh Uthaymeen – Translated by Dr Saleh As-Saleh

Also read : Birth Control & Family Limitation (of offspring) – Shaykh al-Albaani

Jokingly divorcing one’s wife: The ruling – Shaykh Salih Fawzan

Scholar: ´Allâmah Sâlih bin Fawzân al-Fawzân
Source: alfawzan.af.org.sa/node/13728
Reference: Darulhadith.com
Translation: aFatwa.com (site not exist now)

Question: What is the ruling regarding me saying to my wife that she is divorced jokingly with laughter?

Shaykh al-Fawzân: There is no joking or laughing when it comes to the divorce. Its joking is seriousness, as the prophet (sallâ Allâhu ‘alayhi wa sallam) said. If you jokingly tell her that she is divorced, she is divorced.

Polygyny (Having more than one Wife) for the Sake of Enjoyment? – Shaykh al-Albani

Scholar: Imâm Muhammad Nâsir-ud-Dîn al-Albânî
Source: Silsilat-ul-Hudâ wan-Nûr (521)
Reference: Darulhadith.com
Translation & video: aFatwa.com (site is down)

Questioner: As soon as a man receives more money, he thinks of polygyny. His purpose is not to build a family. His purpose is enjoyment.

Shaykh al-Albânî: That is good. That is good. That is good.

(the gathering and the shaykh laugh)

Question: Does he not fall into something?

al-Albânî: Do you want to say that he falls into Haram? His purpose is allowed and he does not fall into any prohibition. However, we order him to add a recommended factor to this allowed deed. We order him to increase the Ummah of Muhammad (sallâ Allâhu ‘alayhi wa sallam) so that he is rewarded more with his Lord when he raises his offspring.

Check More @ Polygyny – http://salaf-us-saalih.com/category/islam/polygyny

Can a Woman get Married without a Wali (Guardian) ? – Imam Ibn Uthaymeen

Scholar: Allamah Imam Muhammad bin Salih bin Uthaymin
Source: ibnothaimeen.com/all/noor/article_6493.shtml
Video by: aFatwa.com (site is down)

Question: Is it permissible for the virgin woman who has no wali (guardian) or without his presence to marry herself off or not? And is there in this ruling a difference between a virgin or a previously married whether divorced or widowed?

Shaykh Ibn ‘Uthaymin: It is not permissible for the woman to marry herself off or others whether she is a virgin or previously married.

And that is because Allâh, Glorified and Exalted, has made the contract of marriage in the hands of other than the woman as He said:

{And do not marry polytheistic women}
(The Qur’ân, interpretation of the meaning 2:221)

In men He said

{And do not let marry polytheistic men}
(The Qur’ân, interpretation of the meaning 2:221)

and He added that the marriage is for the husband himself but with the women He said:

{And do not let marry polytheistic men [to your women] until they believe.}
(The Qur’ân, interpretation of the meaning 2:221)

So He made the marriage in the hands of other than the woman and He, Glorified and Exalted, said:

{Do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis.}
(The Qur’ân, interpretation of the meaning 2:232)

And from the narration of the Prophet, peace & blessings of Allâh be upon him:

There’s no marriage without a wali (guardian).” (Bukhâri)

So that is the proof of the narration that there’s no other option for the woman than with a guardian marrying her off.

As from the point of view then the woman is deficient in intellect and religion as she is limited in thinking and she is also weak in religion and I say this from the narration of the Messenger of Allâh, peace & blessings of Allâh be upon him:

I have not seen anyone more deficient in intellect and religion than you. A cautious sensible man can be led astray by some of you.” (Bukhâri)

And from the saying of Allâh Almighty:

{Men are in charge of women by [right of] what Allâh has given one over the other and what they spend [for maintenance] from their wealth.}
(The Qur’ân, interpretation of the meaning 4:34)

And if it wasn’t for the deficiency of the woman then a man would not be in charge of her but rather in the âyah:

{by [right of] what Allâh has given one over the other}
(The Qur’ân, interpretation of the meaning 4:34)

So if the woman was in such description, as the Qur’ân and Sunnah indicated, from deficiency of intellect and religion then she is in need of a guiding guardian who knows the appropriate/capable and knows the interests of marriage and knows who the woman is for him until he decides to marry her off or refrain (from such). This is why there should be a guardian for the woman to marry her off within the known requirements to the people of knowledge.

And the woman shall not marry herself off whether she is a virgin or previously married. However, there is an issue that should be noted/addressed which is that a woman must be asked for permission and consent whether she was a virgin or previously married and whether the one who marries her off is her father or anyone else. And the most correct saying is that it is not permissible for the man to marry his daughter off or anyone else until she agrees upon that husband and gives permission.

However, if she is a virgin then her permission is enough by being silence and if she stated/uttered to agree then that is better/complete however being silent is enough. And if she is previously married then she must state (speak) to agree and says ‘Yes’ that she agrees to marry this man.

And as for the guardian whether it is the father or anyone else, he must describe the suitor to the woman with a description that will take her to know him (suitor). So he does not say ‘do you want me to marry you to such’ until he clarifies to her the situation of this man and his description because as much as the man wants in a woman in beauty and righteousness, a woman wants this too in a man in beauty and righteousness. Therefore the man must clarify to the woman whose permission is sought (for marriage) in a way which takes her to know him but vagueness will not lead to the goal. Of course if the woman trusts fully her guardian and will suffice with what her guardian sees and she asked for example ‘are you happy/convinced with him (the suitor)’ in regards to his religion and to his manners then this would suffice if she trusts him and she is pleased with what he (guardian) is pleased with.

The Prophets And Virtuous People Would Ask Allaah To Grant Them Righteous Offspring – Shaykh Muhammad Baazmool

Allaah, may He be Blessed and Exalted, says:

“This is the time when Zakariya invoked his Lord, saying: ‘O my Lord! Grant me from You, a good offspring. You are indeed the All-Hearer of invocations.‘” [Surah Aali ‘Imraan: 38]

And He says quoting Zakariya:


And verily, I fear my relatives after me, since my wife is barren. So give me from Yourself a walee (righteous worshipper) who will inherit me and inherit the posterity of Ya’qoob. And make him, my Lord, one with whom You are well-pleased. [Surah Maryam: 5-6]

Ash-Shanqeetee said in Adwaa-ul-Bayaan:

“Allaah’s statement in this noble verse: ‘So give me from Yourself a walee’ – what is meant by the word walee here is a son specifically and not any other type of walee (righteous person). This is based on proof found in Allaah’s saying while relating the same story: ‘This is the time when Zakariya invoked his Lord, saying: ‘O my Lord! Grant me from You, a good offspring. You are indeed the All-Hearer of invocation.” [Surah Aali ‘Imraan: 38]

Allaah also indicates that what is meant (by the word walee, i.e. righteous person) here is a child by His saying:

“And remember Zakariya when he cried to his Lord: ‘O my Lord, leave me not single! You are the best of the inheritors.”’ [Surah Al-Anbiyaa: 89] ‘Leave me not single’ means: ‘Alone and without a child.’”

[End of Ash-Shanqeetee’s words] [Adwaa-ul-Bayaan (3/365)]

It is for this reason that from amongst the supplications of the believers – “those from whom We shall accept the best of their deeds and overlook their evil deeds, they shall be among the dwellers of Paradise – a promise of truth, which they have been promised” – is that which Allaah has mentioned:

“My Lord! Grant me the power and ability that I may be grateful for Your Favour which You have bestowed upon me and upon my parents, and that I may do righteous good deeds, such as please You, and make my offspring good. Truly, I have turned to You in repentance, and truly I am one of the Muslims.” [Surah Al-Ahqaaf: 15]

Source: Al-Ibaanah e-Book : Your Flesh and Blood : The Rights of Children – Shaikh Muhammad Baazmool

This Post URL / Linkhttp://wp.me/p1VJ3-8SV

Supporting the rights of the believing women : Umm Salamah (Sh Muqbil’s wife) – Abu Muhammad al Maghribi [Audio|En]

supporting-the-rights-of-the-believing-women

Part 01 – Listen / Download Mp3 Here (Time 51:36)

Part 02 – Listen / Download Mp3 Here (Time 44:36)

Part 031 – Listen / Download Mp3 Here (Time 43:09)

Below is the introduction by the major scholar Ash-Shaykh Muqbil Bin Haadee Al-Waadi’ee Rahimahullaah.

“I am familiar with what the author, Umm Salamah bint ‘Alee Al-‘Abaasee has written entitled Al-Intisaaru li Huqooqee al- Mu’minaat (supporting the rights of the believing women). I found it to be a beneficial book, as it contains verses from the Book of Allah and traditions from the Messenger of Allaah, sallallahu alayhi wa sallam. The Qur’aan and the Sunnah are beneficial knowledge. Whoever does not seek guidance from then will not find guidance in anything else as our Lord subhaanahu wa ta’ala says:

”In what other speech except Allah and His proofs will you believe?” (sooratul-Jaathiyyah 45:6)

She performed a great duty in selecting the topic of the believing women’s rights. Many people are neglectful in this area, or they leave it off altogether. Therefore, she reminded the fathers, close male family members, and husbands about what Allah has made obligatory upon them, as well as what He has strongly suggested for them to do. Allaah subhaanahu wa ta’ala says:

”Oh you who believe, save yourselves and your family from a fire which is fueled by men and stones.”  (sooratut-Tahreem 66:6)

Verily in the author are gathered some praiseworthy traits: these include abstaining from worldly pleasures, exemplary character, spreading beneficial knowledge, and not wasting her time. She spends her time by herself in the women’s library, substitute teaching for Umm ‘Abdillaah Al-Waadi’iyyah when she is absent, and effective lecturing.

Verily the islamic community is in great need of righteous women who can care for their Muslim sisters so that the corrupted and corrupting callers do not lead them astray. The wives of the Prophet sallallahu alayhi wa sallam as well as the female companions played a major role in spreading the prophetic traditions.

In conclusion, I advise the author and her sisters to make a great effort in spreading beneficial knowledge from the Noble Qur’aan, the prophetic traditions, and the ‘Arabic Language, to become knowledgable in Allaah’s Religion, to place an importance on spreading that knowledge by writing and inviting to Allaah, and teaching the ignorant women. If Allaah guides one woman by your hand, it is better for you than a red camel.

May Allah firmly establish us all on what He loves and pleases Him.

Aboo ‘Abdir-Rahmaan Muqbil bin Haadee Al-Waadi’ee.

Questions Concerning Everyday Issues: Issue 4 : Shaykh bin Baz

Al-Istiqaamah Issue Issue No.4 – Jumâdal-Awwal 1417H / November 1996

CONCERNING MEN WEARING GOLD RINGS

[Q]: What is the ruling concerning a man wearing a gold ring, or what is known as a wedding-ring?

[A]: Shaykh Ibn Baaz – hafidhahullaah – answered:
“It is not permissible for a man to wear gold rings. neither before or after marriage. This is due to the fact that Allaah’s Messenger sallallaahu ‘alayhi wa sallam prohibited gold, as occurs in the authentic narrations. So once when the Prophet sallallaahu ‘alayhi wa sallam saw a man wearing a gold ring, he took it from him, threw it down and said: “Does a person pick up a burning piece of coal and hold it in his hand.” This was related by Muslim in his Saheeh (6/149). So in this is a proof that it is absolutely haraam (prohibited) for men to wear gold rings, even if it is a wedding ring.”2

THE RULING CONCERNING WISHING FOR DEATH DUE TO ENCOUNTERING MANY HARDSHIPS

[Q]: I have faced so many hardships in my life that it has made me hate this life. Every time I turned to Allaah and pleaded to Him to take my life at the earliest possible moment. This continues to be my wish up until now, as I do not see any solutions to my problems except death; it is the only thing that can save me from this torment. Is this behaviour haraam (forbidden) for me?

[A]: Shaykh Ibn al-‘Uthaymeen – hafidhahullaah – said:
“When a person wishes for death due to the hardships and afflictions that have befallen him, then he is doing something that Allaah’s Messenger sallallaahu ‘alayhi wa sallam prohibited, when he said: “None of you should wish for death due to some harm that has come to him, rather, if he has such a wish then let him say: O Allaah! Give me life if You know that life is better for me. And give me death if You know that death is better for me.”3 Therefore, it is not allowed for anyone to wish for death on account of some harm, hardship or difficulty that has come to him. In fact, he should have sabr (patience) and expect a reward from Allaah – the Most High – due to his being patient, and he should wait for relief to come to him; just as the Prophet sallallaahu ‘alayhi wa sallam said: “And know that victory comes with patience, relief with distress, and ease with hardship.”4 So the one who is afflicted with any affliction should know that those afflictions are an expiation for some of the sins he has committed. Indeed, no Believer is afflicted with any kind of grief, pain or suffering except that Allaah expiates – due to that – some of his sins; even if it be the harm caused by a mere pricking of a thorn. So when a person has patience and hopes in a reward from Allaah, he reaches the level of being amongst the saabiroon (those who truly have patience), and this is a very lofty level. Allaah – the Most High said about its people: “And give glad tidings to the apatient ones; those who, when afflicted by a calamity, say: Indeed we belong to Allaah, and to Him shall we truly return.” [Soorah al-Baqarah 2:155-156].

The woman in the question feels that there is no solution for her problems except death. I believe that this is a mistaken view.

Death does not solve any problems. In fact, sometimes it only increases the difficulties. How many people die whilst being afflicted with calamities, difficulties and suffering, but they had been wronging themselves by sinning, and did not give up their sins or repent to Allaah. So death, in this case, is just a quicker coming of punishment. Perhaps if such a person had remained alive, then Allaah would have guided him him to the doors of repentance, seeking forgiveness, patience, facing up to the problems and expecting relief. All of this would have been good for him. Therefore, it is upon you – the questioner – to be patient and expect relief from Allaah – the Mighty and Majestic – just as Allaah – the Most High – said in His Book: “So indeed with hardship here is relief. Indeed with hardship there is relief.” [Soorah Inshiraah 94:5-6]. And the Prophet sallallaahu ‘alayhi wa sallam said in the authentic narration: “Victory comes with patience; relief with affliction, and ease with hardship.”5″6

FORCING A YOUNG LADY TO MARRY A MAN THAT SHE DOES NOT WANT TO MARRY

[Q]: Is it allowed for a father to force his daughter to marry a particular man that she does not want to marry?

[A]: Shaykh Ibn Baaz – hafidhahullaah – responded by saying:
“Neither the father, or anyone other than the father, may force a woman who is under his guardianship to marry a man that she does not wish to marry. In fact her permission must be sought first. Allaah’s Messenger sallallaahu ‘alayhi wa sallam said: “A previously married women (without a husband) must not be married until she is consulted, and a virgin is not married until her permission is sought.” They said: O Messenger of Allaah, how is her permission sought? So he said: “By her being silent.”7 Another narration states: “Her silence is her permission.”8 Yet a third narration states: “A virgin’s father seeks her permission, and her permission is her remaining silent.”9 So the father must seek her permission if she is nine years of age or above. Likewise, her other guardians may not marry her off except by her permission. This is obligatory upon them all. If a lady is married without her permission, then the marriage will not be correct. This is because one of the conditions of a marriage contract is that both partners accept the marriage freely. So if she is married without her permission, by threat or coercion, then the marriage is null and void… If the (apparent) husband knows that she does not want him, then he should not approach the woman, even if the father approves of it. He must fear Allaah and not approach any wife that does not want him, even if the father claims that he did not coerce her. The man must avoid what Allaah has forbidden him. This is because Allaah’s Messenger sallallaahu ‘alayhi wa sallam ordered that her permission be sought.

We also advise the woman to fear Allaah and to accept the man if her father finds that he suitable to marry her, as long as the prospective groom is good in his Religion and in his character. This is also the case if the one who is the guardian is not the girl’s father. We give this advice because there is a lot of good and a lot of benefit in marriage. Likewise, there are a lot of hazards in living as a maiden. So I advise all young ladies to accept those men who come to them for marriage, if they conform to the compatibility factors of marriage (i.e. good in Religion and character), they should not use studying, teaching, or anything else, as an excuse to get married.”10

A RELIGIOUS YOUNG MAN PROPOSED TO ME BUT MY MOTHER REFUSED

[Q]: I am seeking a solution to my problem. I am twenty-four years old. A young man proposed to me. He has finished college and is from a religious family. After my father agreed to him, he asked me to come and see him. I saw him and was pleased with him. [we saw each other] because our pure and noble Religion states that I should see him and that he should see me. However, when my mother came to realise that he was from a Religious family, she became harsh against him and my father. She swore that she would not allow such a marriage to take place. My father desperately tried to persuade her, but to no avail. Do I have the right to seek the [Islaamic] Law to intervene in this matter?

[A]: Shaykh Ibn Baaz – hafidhahullaah – said:
“If the matter is as you have stated in your question, then your mother has no right to object, to this matter Indeed it is actually haraam (forbidden) for her to object in this case. You are not obliged to obey your mother in this particular issue, since the Prophet sallallaahu ‘alayhi wa sallam said: “Indeed obedience is only in ma’roof (when it is good and right).”11 And it is not from ma’roof to reject a suitable marriage proposal. In fact, it has been narrated from the Prophet sallallaahu ‘alayhi wa sallam that he said: “lf there comes to you a person whose Religion and character are pleasing to you, then marry him (i.e. give the girl in marriage to him). If you do not do this, there will be Fitnah (trial and discord) and great fasad (corruption) upon the earth.”12 If you have need to take your case to an [Islaamic] court of law, then you would not be wrong in doing so.”13


1.Fataawaa al-Mar’ah (pp.13-14).
2. Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah (6/397).
3. Related by al-Bukhaaree (10/127) and Muslim (no.2680). from Anas radiallaahu ‘anhu.
4. Saheeh: Related by Ahmad (11308), from Ibn ‘Abbaas radiallaahu ‘anhu. It was authenticated by al-Albaanee in Takhreejus-Sunnah (nos.315-318).
5. Saheeh: Related by ad-Daylamee (4/111-112), from Anas radiallaahu ‘anhu. It war authenticated by al-Albaanee in as-Saheehah (no.2382).
6. Fataawaa al-Mar’ah (pp.10-11).
7. Related by al-Bukhaaree (no.5136), from Abu Hurayrah radiallaahu ‘anhu.
8. Related by al-Bukhaaree (no.5137), from ‘Aaishah radiallaahu ‘anhaa.
9. Related by al-Bukhaaree (51105).
10. Fataawa al-Mar’ah (pp. 169-170).
11. Related by al-Bukhaaree (4/355), from ‘Alee radiallaahu ‘anhu.
12. Hasan: Related by at-Tirmidhee (no. 1085), from Abu Haatim al-Huzanee and Abu Hurayrah radiallaahu ‘anhumaa. It was authenticated by al-Albaanee in Irwaa’ ul-Ghaleel (no. 1868).
13. Fataawaa al-Mar’ah (pp.170-171).

It is not permissible for a girl’s guardian to force her into marriage – Shaykh al-Albaani

[45] Question: If a girl has reached the proper age for getting married, can her guardian force her to get married?

Answer: It is not permissible for the guardian of a girl’s affairs to force her into getting married. So if the girl has not reached the proper age and has been forced into marriage, she can look for a way to dissolve this marriage after having reached the age of comprehension and maturity.

This is because there was a girl that was forced into marriage during the time of the Messenger of Allaah, sallAllaahu ‘alayhi wa sallam. After the marriage, she went to the Messenger, sallAllaahu ‘alayhi wa sallam, and said to him: “O Messenger of Allaah! My father has married me to a man that I dislike, in order to raise his own status.” So the Messenger, sallAllaahu ‘alayhi wa sallam, nullified her marriage.

Due to this, it is not permissible for a girl’s guardian to force her into marriage, regardless if she is a girl who has reached the legitimate age (of marriage) or she is divorced or she was married and then lost her husband. Rather it is only required of him to direct her towards what is most beneficial for her in her affairs of this world and the hereafter.

The Prophet, sallAllaahu ‘ alayhi wa sallam, said: “There is no marriage except with (the permission of) a guardian and (the presence of) two trustworthy witnesses.” And he, sallAllaahu ‘alayhi wa sallam, also said: “Do not force your women (to get married), but rather get their consent.” And he, sallAllaahu ‘alayhi wa sallam, said: “Her silence is her consent.”

These are etiquettes and conditions that must be adhered to. However, at times there occurs something that opposes the Divine Legislation, such as when the father prevents his daughter and delays her marriage because of a materialistic ambition. Or because the man proposing marriage to her is poor, and due to this, his status will not be elevated. And so the girl remains without a husband. In this situation, the Divine Legislation has permitted her to marry herself because the Messenger, sallAllaahu ‘alayhi wa sallam, has said:

“Any woman that marries herself without the permission of her guardian, then her marriage is invalid, her marriage is invalid, her marriage is invalid. But if they differ, then the authoritative figure (sultaan) is the guardian of one who has no guardian.”

Therefore, this girl – whose father has prevented her marriage due to an obvious materialistic reason – she can take her case to a legitimate judge. So he will investigate the guardian of the girl’s affairs and interrogate him as to the reason why he is preventing her (from getting married). So if he hears a legitimate reason from him, such as that the man intending marriage is an innovator or he doesn’t pray or that he drinks alcohol, then the judge cannot oppose him in this. But if he hears illegitimate reasons from him, then at that point, the judge can assume guardianship of her marriage.

[Al-Asaalah, Issue #6]

Fataawaa of Shaikh Al-Albaanee (rahimahullaah)
From Al-Asaalah Magazine Issues 1-21, Translated and Arranged by: Isma’eel Alarcon

Prophet’s (صلى الله عليه و سلم) Marriage with Young Aisha (may Allaah be pleased with her) – Dr Saleh as Saleh

Question: Some haters of Islam often say that the Prophet (صلى الله عليه و سلم) married a “six-years old child,” referring to ‘Aisha, may Allah be pleased with her. What is the response?

The Answer: ‘Aisha’s covenant of marriage was conducted when she was six years old, but the actual commencement of the marriage took place when she was nine-years of age. She was the only virgin he married. Marrying at such young age was not the exception in Arabia at that time. In fact many were married in the young age period of 9-12 when they were physically mature. Furthermore, had this been something degrading and immoral, the enemies of the Prophet (صلى الله عليه و سلم) from the Pagans would have loved to use this against the character of the Prophet (صلى الله عليه و سلم) and ‘Aisha’s father (Abu Bakr, may Allah be please with him), the first one to believe the Prophet (صلى الله عليه و سلم) and support his propagation of Islam. Not to mention this would have been a major block against the spread of Islam amongst the Arabs if the Prophet (صلى الله عليه و سلم) would appear as a man of “uncontrolled sexual drive.”

This would have been obvious to resort to, especially when it is known that they accused the Prophet (صلى الله عليه و سلم) of many other things like being a magician, a poet, etc. The fact that they did not attempt even to consider this marriage as a tool against the integrity of the Prophet (صلى الله عليه و سلم) stands as a strong irrefutable evidence that such marriages were of the norm, not the exception. In so many societies, it was even considered that the girl who does not get married before she reaches fifteen years of age as someone being “late” on the scale of marriage timing! In fact such marriages were common in Asia, East Europe, Spain and Portugal.

On the other hand, it was known that one of the Pagans (Jubair bin Mut’im bin ‘Adiye) was interested to marry ‘Aaisha before her engagement to the Prophet (صلى الله عليه و سلم), but her mother (Umm Romaan, may Allah be please with her), rejected him. This proves that she was physically mature for marriage. Her family sought the Prophet (صلى الله عليه و سلم) because of his noble character as her mother asserted when she told her husband (Abu Bakr صلى الله عليه و سلم) of her intent.

There was a great wisdom in her marriage whereby ‘Aaisha witnessed the revelation and the rulings of Islam pertaining to the most particular and private matters of women, transmitting that to the men and women of the world. She reported about 2100 narrations from the Prophet (صلى الله عليه و سلم) covering rulings, worships, and transactions . She was the greatest woman scholar in Islam and she had many students of knowledge from the companions of the Prophet (صلى الله عليه و سلم).

SourceWedding to Four and Lawfully More – Dr Saleh As-Saleh rahimahullah