This
week's Issue.......can a parent stop you from Marring a religious man for
non religious reasons?
In light of the Holy Quran and Sahih Hadith and in the Opinions of the
great scholars....
HADITH
#1:
Can your parents stop you from marrying a religious man?
From Quran
(Al - Baqarah (2):170)
"When it is said to them: Follow
what Allah has sent down, they say: No! We shall follow what we found our
fathers following. (What!) Even though their fathers did not understand
anything nor were they guided?"
(Luqmaan (31):14-15).
"And We have enjoined on a man
(to be dutiful and good) to his parents. His mother bore him in weakness
and hardship upon weakness upon hardship, and his weaning is in two years
- Give thanks to Me and to your parents - unto Me is the final Destination.
But if they strive with you to make you join in worship with Me others,
that of which you have no knowledge, then obey them not, but behave with
them in the world kindly."
From Hadith.......
Ibn Hibban has said this is AUTHENTIC
(SAHIH) also in the bookmishkat-ul-masabih
Sha'bi (RAA) reports that Rasulullah(SAW)
said " he who marries his daughter with a wicked man, has SEVERED
the ties of relationship with her." Tafseer from Maulana M.
Tufail Zaigham says "There for it is not lawful for a Muslim to do an evil
to his daughter through an agreement of her marriage with a wicked (non
religious) man who has abandoned to say his prayers, keep his fast or pay
zakah etc.. and if he does he is no longer her father and has SEVERED his
ties of relations with her."
Imaam Ahmad and Al-Albani's as
Saheehah (179)
The Prophet (SAW) said: "There
is no obedience to the created if it means disobedience to the Creator."
(Saheeh - Narrated by Imraan ibn Husain & collected in Musnad Ahmad.
Authenticated is al-Albani's as Saheehah (179)
Sahih Al-Bukhari and Muslim
The Prophet (SAW) said "Obedience
is in what is good and right." (Sahih Al-Bukhari and Muslim)
Agreed upon by Tirmidhi and ibn
Majah
The holy Prophet (SAW) said "If
one whose religion and character pleases you proposes to you, you should
marry him. If you do not do so, there will be tribulations in the land
and great evil." (Agreed upon by Tirmidhi and ibn Majah)
Saheeh Muslim (vol 4)
Sa'd bin Abi Waqqas. He said: "I
was very faithful to my mother. When I embraced Islam, she said to me:
"What is this I notice in you? Leave this Religion of yours or I will refuse
to eat or drink until I die." People started to blame me, saying 'O killer
of your mother.' I told my mother not to continue as I would never leave
me Religion. She passed a day without food or drink and suffered as a result
of that. Another day passed and her suffering increased. The third
day was very hard for her. On seeing this I said, "O my mother, you
know that I will not leave my Religion, even if you had a hundred souls
each suffering death. So eat if you wish and obstain from eating if you
wish." So she finally took some food" ( Narrated by Mus'ab ibn Sa'd
& collected in Saheeh Muslim (vol 4)
Truly this is an excellent example
of the conviction and firmness which these Companions had. Despite his
mother's threatening stance, Sa'd did not waver for a moment and made it
clear to his mother that her threats would come to no avail. As a result
of this trial which Sa'd encountered, Allah revealed some ayaat in the
Qur'an for him. (As mentioned in the Tafseer of at-Tabaree, Qurtubee, and
Ibn Katheer)
He said what means: "And
We have enjoined on a man (to be dutiful and good) to his parents. His
mother bore him in weakness and hardship upon weakness upon hardship, and
his weaning is in two years - Give thanks to Me and to your parents - unto
Me is the final Destination. But if they strive with you to make you join
in worship with Me others, that of which you have no knowledge, then obey
them not, but behave with them in the world kindly." (Luqmaan (31):14-15).
Here, Allah makes clear that kindness
and obedience must be shown towards parents, but that they must not be
obeyed in that which constitutes disobedience to Allah. Nonetheless, they
should still behave well towards them. Therefore even under the most strained
of circumstances, the sons and daughters must do their best to behave kindly
with them and not allow the situation to get the better of them.
The Prophet (SAW) said: "There
is no obedience to the created if it means disobedience to the Creator."
(Saheeh - Narrated by Imraan ibn Husain & collected in Musnad Ahmad.
Authenticated is al-Albani's as Saheehah (179)
From Great Scholars..........
Ibn Al Quayyim (RAA)
said, `The virgin, sane, mature
girl, her father has no right to dispose of any of her wealth without her
consent. How can he give her in marriage to someone, who is most hated
by her, against her will and make her a prisoner in his house?
Sheikh Aka b Hamza (RAA)
being asked with regard to a woman
of the Shaf'i school of thought who is a virgin and adult, who had married
herself to a man of the Hanafi school, without the permission of her father,
who was dissatisfied and had repudiated the marriage, whether such marriage
is valid? He replied in the affirmative, and that it would
have been equally valid if she had married herself to a man of her own
school meaning in Hanafi and in Shaf'i schools of thought it is perfectly
OK).'
Hanafi oppinion
In the book of "Digest of Islamic
Law" by Neil B. E. Baillie, of the Hanafi Doctrine. It says: `The marriage
entered into by a free woman who is sane adult without a guardian
is quite operative according to Abu Hanifa and Abu Yusuf as stated in the
Zahir Ar Riwaya (the expression of the text)
Sahikh Abdul Aziz Bin Bazz
One of the greatest scholars of the world and President of the General
Presidency of Islamic Research, Ifta, Call and Propagation in Saudi Arabia
'head
Mufti of saudia'.)
Question: I
am seeking a solution to my problem. I am twenty-four years old. A young
man proposed to me. He has finished college. He is from a religious family.
However, when my mother came to realize that he was from a religious family,
she became harsh against him and my father. She swore that such a marriage
would never take place in anyway. My father desperately tried to persuade
her, but to no avail. Do I have the right to seek the Law to intervene
in this matter?
Response: If the matter is as you
have mentioned in your question, then your mother has no right to make
any objection. Indeed, such a stance is forbidden. You are not obliged
to obey your mother in matter. This is because the Prophet (peace be upon
him) said,
"Obedience is in what is good and
right."(Sahih Al-Bukhari and Muslim)
Rejecting a suitable proposal is
not from what is good and right. In fact, it has been narrated that the
Prophet (peace be upon him) said,
"If one whose religion and character
pleases you proposes to you, you should marry him. If you do not do so,
there will be tribulations in the land and great evil."(Agreed upon by
Tirmidhi and ibn Majah)
If you have need to take your matter
to a court of law, you would not be wrong in doing so.
Mufti Muhammed Usman (One of the
top Muftis in Pakistan)
Dar-ul-Ifta Jamia Binoria Pakistan.
Question :
There is a girl who is very religious but her parents don't even
pray! They discourage her
from praying and wearing hijab. Now she wants
to marry a religious man who will
let her practice Islam freely but her
parents wont let her marry anyone
who is religious and want her to marry
nonreligious men who don't even
pray and they might not even let her pray. So in this situation what
should she do? There is one religious brother who wants to marry her but
the father won't let them and the father will not let herpractice Islam
in peace or let her marry someone that does. What is the
best thing to do in this situation?
She is determined not to marry a man who
doesn't practice Islam and her
father is determined not to let her marry anyone who
is religious, should she not marry
for the rest of her life?
The answer of your question is
as follows:
It is to be known that a non religious
sinful and debauched person is not
alike (kafoo) a virtuous lady.
On this basis she has the right to refuse
that proposal. Hence her parents
should seek a pious, religious and
righteous person to marry her daughter.
They should refrain from this
proposal.
However a
sensible and adult lady can celebrate her Nikah (marriage) to
a man of equal status (in religion,
education, standard etc.) with
Mehr-e-Masal (resembling Mehr)
without
the permission of her parents. No one
has the right to cancel this
Nikah. Consequently
in this condition the said
lady first should try to prepare
her parents to seek some good proposal of
pious and religious person. Inspite
of that if parents aren't ready then the
said lady has the right to marry
(celebrate the Nikah) with some pious and
virtuous person in Kafoo.
(ref: Al-Hidayah, vol. 2 pages 313-314)<--book of Shariyya
After that it should be cleared
that to perform Namaz, to observe purdah
(veil) and other Ahkam (duties)
of Shari'ah are necessary to observe. It is
indispensable. Contrary to this
to obey anyone is not lawful.
Therefore, the said lady should
observe the Shari'ah orders. It is not
correct to allow concession in
it or obey to others.
Wallahu-A'lam
Mufti Muhammed Usman
Dar-ul-Ifta Jamia Binoria Pakistan.
Can
you be forced to marry?
Sahikh Abdul Aziz Bin Bazz
Question: Is
it allowed for a father to force his daughter to marry a specific man that
she does not want to many?
Response: Neither
the father nor anyone other than the father may force a woman who is under
his guardianship to marry a man that she does not want to many. In
fact, her permission must be sought. The Messenger of Allah (peace be upon
him) said,
"The non-virgin
[without a husband] must not be married until she is consulted. A virgin
must not be married until her permission is sought." They said, "O Messenger
of Allah (peace be upon him) how is her permission given?" He said, "By
her being silent." Another narration states, "Her silence is her permission."
Yet a third narration states, "A virgin's father seeks her permission and
her permission is her remaining silent."{Al-Bukhari,
Muslim}
The father
must seek her permission if she is nine years of age or above. Similarly,
her other guardians may not marry her off except by her permission. This
is obligatory upon all of them. If one is married without permission, then
the marriage is not valid. This is because one of the conditions
of the marriage is that both partners accept the marriage. If she is married
without her permission, by threat or coercion, then the marriage is not
valid.
Note from
the Author: So to answer the Question, can your parents stop you
from marrying a religious man? NO! As RASULULLAH(SAW) said "If one whose
religion and character pleases you proposes to you, you should marry
him. If you do not do so, there will be tribulations in the land and great
evil. "(Agreed upon by Tirmidhi and ibn Majah) And can you disobey
your parents to Marry a religious Husband. YES as Rasulullah(SAW)
said "Obedience is in what is good and right. "(Sahih Al-Bukhari
and Muslim) And to refuse a religious man because he is not the same
race or social class as you is AGAINST the teachings of our beloved prophet
and is not good and right, so we have to disobey our parents if it comes
to that. This is from the words of RASULULLAH(SAW) so if anyone has
objections bring your proofs from Quran and Hadith or go complain to Rasulullah(SAW)!
May ALLAH
(SWT) guide us all to the right path.
Other
related sites....
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on them........
OBEDIENCE
To Parents VS. Obedience to Allah
MARRIAGE:
WHAT YOU OUGHT TO KNOW
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