
Question
Assalamu Alaikum. I am studying in the final year of university. 3 years ago a gentleman from my family proposed to me. When I told my family about it, they accepted my choice and told me to wait until my elder sister's wedding. At this point, if our relationship continues to deepen, we become cautious and, on the advice of an imam, enter into a marriage with a witness. A few months ago I came across a hadith: The Prophet (peace and blessings of Allaah be upon him) narrated from 'Aa'ishah (may Allaah be pleased with her) that if a woman marries without the permission of her guardian, her marriage is annulled, her marriage is annulled, her marriage is annulled. In the case of a dispute that has no guardian, the judge will be the guardian. " (Tirmidhi, Hadith-1102; Abu Dawood, Hadith-2073; Ibn Majah, 17) When I informed my husband about this, he said, "There will be no marriage without Wali. This is the doctrine of La Madhhabi and the other three Madhhabs. According to the Hanafi Madhhab, our marriage is valid and he gave evidence in this regard. I have already spoken to my family about my problem again, they have told me to wait because my sister is not married yet. Proposals have also been made to my father from my husband's family. I have stopped seeing my husband, but he does not want to agree and the situation is getting harder for me day by day. What do I do now? Has my marriage been valid? 8735893214
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
If the adult bride and groom make an offer in the presence of two mature witnesses and the other party accepts it, then the marriage is valid according to Islamic law. With or without the consent of the guardian. Whether the guardian knows or not. However, if Gair marries in Kufu, that is, marries a man who destroys his daughter's family honor, then the father can dissolve the marriage through the court. If he marries in Kufu, then the father will not get this right either. So if both of you have completed the marriage proposal in the presence of two adult witnesses in your adulthood, then your marriage has been purified according to Islamic Sharia. Although your family knows nothing. Or if they do not give permission. عَنْ عَبْدِ اللَهِ بِنِ عَبَّاسٍ َّنَّ رَسُولَ اللَِهِ صلى الله عليه وسلم, قَالَ: The Prophet (peace and blessings of Allaah be upon him) said: The daughter is more entitled to her personal affairs than the guardian. (Muwatta Malik, Hadith No. 7, Sahih Muslim, Hadith No. 1421, Musnad Ahmad, Hadith No. 16, Sunan Abu Daud, Hadith No. 2098, Sunan Daremi, Hadith No. 2234, Sunan Tirmidhi, Hadith No. 1 Sunan Nasai, Hadith No. 3270, Sahih Ibn Hibban, Hadith No. 4064, Sunan Darakutni, Hadith No. 358) عن أبي سلمة بن عبد الرحمن قال: "جاءت امرأة إلى رسول الله صلى الله عليه وسلم, فقالت: يا رسول الله, إن أبي ونعم الأب هو, خطبني إليه عم ولدي فرده, وأنكحني رجلا وأنا كارهة. فَبَعَثَ رَسُولُ صَلَّى اللَْهِ عَلَيْهِ وَسَلَّمَ لَِلَى أَبِيهَا The Messenger of God, may God bless him and grant him peace, said: «Do not marry her, a religious fanatic who is a thing. Narrated from Hazrat Salamah bint Abdur Rahman. He said that once a girl came to the Prophet (peace be upon him). He came and said, O Messenger of Allah! My father! What a good father! My cousin proposed marriage to me and he gave it back to me. And she wants to marry a boy I dislike. When the Prophet (peace and blessings of Allaah be upon him) asked her father about this, he said that the girl had told the truth. I am marrying her to a man whose family is not good. Then the Prophet (peace and blessings of Allaah be upon him) said to the girl, "This marriage will not take place. You go and marry whomever you want." (Sunan Saeed bin Mansoor, Hadith No. 57, Musannaf Abdur Razzak, Hadith No. 10304, Musannaf Ibn Abi Shaybah, Hadith No. 15953, Diraya fi Takhriji Ahadisil Hidaya, Hadith No. -51). أيوب, عن عكرمة, عن ابن عباس: "أن جارية بكرا أتت النبي صلى الله عليه وسلم, فذكرت أن أباها زوجها وهي كارهة فخيرها النبي صلى الله عليه وسلم" • rA narrated from Ibn 'Abbas. The virgin girl came to the Prophet (peace and blessings of Allaah be upon him) and said, 'My father married her in spite of my dislike.' (Musnad Ahmad, Hadith No. 2469, Sunan Ibn Majah, Hadith No. 185, Sunan Abu Daud, Hadith No. 2098, Sunanul Kubra Nasai, Hadith No. 538, Sunan Dara Kutni, Hadith No. 35) عن ابن بريدة, عن أبيه, قال: جاءت فتاة إلى النبي صلى الله عليه وسلم, فقالت: "إن أبي زوجني ابن أخيه, ليرفع بي خسيسته, قال: فجعل الأمر إليها, فقالت: قد أجزت ما صنع أبي, ولكن أردت أن تعلم النساء َْن لَيْسَ لَِلَى الْآبَاءِ مِنَ الْأَمْرِ شَيْءٌ বর্ণ Narrated by Hazrat Buraida. He said, "A woman came to the Prophet (peace and blessings of Allaah be upon him) and said, 'My father married me to his nephew, so that his dignity may increase.' The narrator said, "Then the Prophet (peace and blessings of Allaah be upon him) entrusted the matter to the daughter's authority." My intention was for the girls to know that fathers have no (final) opinion on marriage (Sunan Ibn Majah, Hadith No. 174, Musnad Ishaq bin Rahuyah, Hadith No. 1359, Sunan Dara Qutni, Hadith No. 3555). In addition to the hadiths mentioned, there are many other hadiths which clearly prove that in the case of marriage, the decision of the adult girl, not the guardian, is final. In this case, the father or guardian has no right to intervene. So if an adult woman gets married without a guardian, it will be completed. What is the answer to the retrograde hadith? Many of the answers to the hadiths which show that marriage is not consummated without a guardian have been given by Muhaddisin Keram and Fukbahaye Keram. Question in the tradition that we have a look, then the answer will benefit عن عائشة, قالت: قال رسول الله صلى الله عليه وسلم: «أيما امرأة نكحت بغير إذن مواليها, فنكاحها باطل», ثلاث مرات «فإن دخل بها فالمهر لها بما أصاب منها, فإن تَشَاجَرُوا فَالسُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ »বর্ণ Narrated by Hazrat Ayesha. The Prophet (peace and blessings of Allaah be upon him) said: A woman who is not married by her guardian, her marriage is annulled, her marriage is annulled, her marriage is annulled. Then if the husband reconciles with her, she will be entitled to the dowry because the husband reconciled with her (in a halal manner). And if there is a difference of opinion between them, then the king will be considered the guardian of the one who has no guardian. (Sunan Abu Dawood, Hadith No. 179, Sunan Tiramizi, Hadith No. 1102, Sunan Ibn Majah, Hadith No. 189) Comment on the hadith (Alilalul Kabir-256) Imam Tirmidhi said: Hasan. (Sunan Tirmidhi, Hadith No. 1102) Imam Tahabi said: The hadith is fasid. (Sharhu Maanil Asar-3/6) Ibn Qattan said: The hadith is Hasan. (Alwahmu Walaihamu-4/57) Answer No. 1: We give priority to our narrated hadith in terms of strength. Regarding the hadith narrated from Hazrat Ayesha Siddiqa, there are words to deny from Imam Bukhari and fasid from Imam Tahabi. So we don't act on it. On the other hand, the above description of Sahih Muslim and Muwatta Malik is Sahih. It is clear from the hadith in Answer No. 2 that the purpose here is not to annul the marriage. Because it is said in the last part of the hadith, the wife will be entitled to the dowry. If marriage is not perfect, then why is it necessary to have a seal? Moharto is required through marriage. The Arabic word aqra is used for fines other than marriage. Whereas used here. The word seal. Which is khas with marriage. So it is understood that marriage is actually annulled here, this is not the purpose. Rather the purpose of intimidation. Girls should not get married without informing their parents. Answer No. 3: I am Ayesha, the wife of the Prophet (peace and blessings of Allaah be upon him), the wife of Hafsa bint Abd al-Rahman, Al-Munzir bin Al-Zubayr. وَعَبْدُ الرَّحْمِنِ غَائِبٌ بِالشَّأْمِ • The hadith of Hazrat Ayesha Siddiqa (may Allah be pleased with her) that a woman cannot get married without a guardian mentioned in the question However, Ayesha herself married Hafsa, the daughter of her brother Abdur Rahman, to Munjir bin Zubair without her guardian Abdur Rahman. (Muwatta Malik, Hadith No. 2040, Tahabi Sharif, Hadith No. 4255, Sunanus Sagir Lilbayhaqi, Hadith No. 2374, Marefatus Sunan Wal Asar, Hadith No. 13522, Sunane Kubra Lisbaih35 Hadith No. 15955) So it was understood that Hazrat Ayesha, the narrator herself, did not understand that marriage is not pure. Rather, the point is, marriage is incomplete without a guardian. Because, it is incomplete to get married without informing the guardian who took care of the girl. So it has been said to cancel. Cancel means incomplete. Another tradition as eseche عن جابر بن عبد الله, قال: قال رسول الله صلى الله عليه وسلم: «أيما مملوك تزوج بغير إذن سيده, فهو عاهر» • narrated from Jabir ibn Abdullah ra. He said that the Prophet (peace and blessings of Allaah be upon him) said that a slave who marries without the permission of his master is an adulterer. (Sunan Abu Dawood, Hadith No. 206, Musnad Ahmad, Hadith No. 14212, Sunan Darami, Hadith No. 2269, Sunan Tirmidhi, Hadith No. 1111, Tahabi Sharif, Hadith No. 2705) What is actually a slave? No one said that. As everyone here says, the purpose is to threaten. Just as a girl should not marry without her guardian, because the girl is human, she may make a mistake in determining the pot, so caution is said to be equivalent to annulment of her marriage. For example, the marriage of a slave is equivalent to Jinnah. Not really adultery. Answer No. 4: In fact, the hadith has taken the intention of annulment. If a girl marries in Ghafir Kufu, then her guardian can come and annul her marriage. As such, her marriage has been annulled. Answer No. 5: The purpose of annulment is to annul the marriage of a minor or a mad girl. In this way we can act on both the hadiths. 5816443766
- والله اعلم باالصواب -
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