*** Conditions of Marriage *** Firstly: The presence of the wali (guardian) is one of the conditions of marriage, and a woman’s marriage is not valid unless this condition is met. The person who has the most right to be a woman’s guardian is her father, but if it is proven that he is not qualified for this role then it moves to the next closest relative, such as her grandfather, brother for example. Secondly: With regard to the conditions and qualities that should be present in the husband, the most important of these is religious commitment. The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose religious commitment and character you are pleased, then marry [your daughter or female relative under your care] to him, for if you do not do that there will be fitnah (tribulation) on earth and much corruption.” Narrated by al-Tirmidhi (1005) and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 1084. (If a Person is not religiously committed, She has the complete right to reject the proposal.) Thirdly: One of the shar’i conditions of marriage is the consent of the wife, because the Prophet (peace and blessings of Allaah be upon him) said, “A previously-married woman should not be married without consulting her and a virgin should not be married without asking her permission.” They said, “O Messenger of Allaah, how does she give her permission?” He said, “If she remains silent.” Narrated by al-Bukhaari, 4741; Muslim, 2543. ***No one has the right to force a girl to marry anyone, but at the same time she does not have the right to get married without her guardian’s permission. The presence of the guardian is an important condition for a marriage to be valid, but a girl should not be forced into marrying someone who she does not want to marry, and she is not regarded as disobeying her parents in this case. islamqa.info/en/22760
Posted on: Fri, 26 Dec 2014 11:59:31 +0000
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