Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi gives another controversial statement
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Pakistani1947
Chief Minister (5k+ posts)
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
This mullah seems to be product of Dars-e-Nizami, hence no knowledge of Qur'an and Hadeeth. Dars-e-Nizami includes nothing but stupidities, and therefore, carries no room for understanding the Last Word of Allah, Al-Quran. Since 1067 CE when the Nizamia University was founded, nearly a millennium has gone by. Until this day, the syllabus, Dars-e-Nizami, prescribed by these two Criminals of Islam (Toosi and Ghazali) is very much in force throughout the world in the so-called Islamic Madrasahs.
Prophet (peace and blessings of Allaah be upon him) said: “Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid.” (Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)
The marriage contract must be witnessed, as the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage contract except with a walee and two witnesses.” (Reported by al-Tabaraani; see also Saheeh al-Jaami’, 7558)
It is also important that the marriage be announced, as the Prophet (peace and blessings of Allaah be upon him) said: “Announce marriages.” (Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami’, 1027)
This mullah seems to be product of Dars-e-Nizami, hence no knowledge of Qur'an and Hadeeth. Dars-e-Nizami includes nothing but stupidities, and therefore, carries no room for understanding the Last Word of Allah, Al-Quran. Since 1067 CE when the Nizamia University was founded, nearly a millennium has gone by. Until this day, the syllabus, Dars-e-Nizami, prescribed by these two Criminals of Islam (Toosi and Ghazali) is very much in force throughout the world in the so-called Islamic Madrasahs.
Prophet (peace and blessings of Allaah be upon him) said: “Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid.” (Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)
The marriage contract must be witnessed, as the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage contract except with a walee and two witnesses.” (Reported by al-Tabaraani; see also Saheeh al-Jaami’, 7558)
It is also important that the marriage be announced, as the Prophet (peace and blessings of Allaah be upon him) said: “Announce marriages.” (Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami’, 1027)
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
ویسے میں اسے سننے نهیں صرف کومنٹ پڑهنے آیا تها
آپ کے پاس بڑا وقت هے جو ان جیسوں کو سنتے هو اس کو تو اسکے گهر والے نہیں سنتے
ویسے میں اسے سننے نهیں صرف کومنٹ پڑهنے آیا تها
ThirdUmpireFinger
Chief Minister (5k+ posts)
Please put this Mufti on contract. There are many gays in Pak would love this type of contract.
Seems like you found a rishta for your beloved shareef [hilar]
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
Point number 1 ka tou yeh matlab hua k court marriages are not valid then. As the permission of walee is not fulfilled in such cases? This was something knew for me. Can you provide more references for this point? Alsi from Quran? Jazakallah
Point number 1 ka tou yeh matlab hua k court marriages are not valid then. As the permission of walee is not fulfilled in such cases? This was something knew for me. Can you provide more references for this point? Alsi from Quran? Jazakallah
Raaz
(50k+ posts) بابائے فورم
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
مولویوں کو برا نہ کہو
مولویوں کے بہت غم خوار بیٹھے ہیں یھاں
(clap)
مولویوں کو برا نہ کہو
مولویوں کے بہت غم خوار بیٹھے ہیں یھاں
Liberal 000
Chief Minister (5k+ posts)
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
Can you provide Hadiths from Sahih Muslim or Sahih Bukhari or any reference from Quran?
Your Hadiths are weak and are from less credible sources
Can you provide Hadiths from Sahih Muslim or Sahih Bukhari or any reference from Quran?
Your Hadiths are weak and are from less credible sources
Liberal 000
Chief Minister (5k+ posts)
Contrat marriages are allowed in Abrahamic religions like Judaism and Islam
If Islam forbade this custom then their must be an Aya in Quran ?
If Islam forbade this custom then their must be an Aya in Quran ?
6 September
Banned
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
tmara koi deen aimaan bhi hai kia ? aaj tum deo bndion key dars nizami ko nishana bna rahey hoo is mulk pakistanmain agar vh naah hoon jo key tum logon key thfz key leaey bnaaey gaey hain too tum log nazar bhi naheen aaoo baaz aa jaaoo warna taliban aa jaaen gai tumarey ooper
;)
tmara koi deen aimaan bhi hai kia ? aaj tum deo bndion key dars nizami ko nishana bna rahey hoo is mulk pakistanmain agar vh naah hoon jo key tum logon key thfz key leaey bnaaey gaey hain too tum log nazar bhi naheen aaoo baaz aa jaaoo warna taliban aa jaaen gai tumarey ooper
;)
aazad.mubassir
Minister (2k+ posts)
In normal circumstances this should never be allowed. But nowadays this Boyfriend Girlfriend culture, boys gets away without taking any responsibility and dump girls after few months. Abortions are common in private hospital how can you stop it within social bounds only Nikkah with two witnesses can better secure girls rights.
Pakistani1947
Chief Minister (5k+ posts)
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
Praise be to Allaah. Firstly:
Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): There is no marriage without a wali. Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from the hadeeth of Abu Moosa al-Ashari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
And he (peace and blessings of Allaah be upon him) said: There is no marriage except with a wali and two witnesses of good character. Narrated by al-Bayhaqi from the hadeeth of Imraan and Aaishah; classed as saheeh by al-Albaani in Saheeh al-Jaami 7557.
And he (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian. Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami no. 2709.
The womans guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the fathers paternal uncles; then the ruler. (al-Mughni 9/355).
But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the fathers side.
Secondly:
The compatibility that counts here is compatibility in religious commitment. There is no difference between an Arab and a non-Arab, or between black and white, except in terms of taqwa (piety). Some of the fuqaha listed other conditions of compatibility, such as lineage and so on. The fact that the suitor is a teacher and you are a (university) tutor does not mean that he is not compatible with you, so long as he is of good character and religiously committed, and he is comfortably off in material terms, as you mentioned.
Thirdly:
What we think is that you should try to advise your father again, and seek help in doing so from someone who will be acceptable to him such as a relative or friend. If he agrees to give you in marriage to this suitor, this is what you want; otherwise you should refer to the matter to the guardian (wali) who comes after him, according to the order mentioned above. If he refuses to arrange your marriage, or there is a conflict among the guardians, then refer the matter to the qaadi and appoint him to arrange your marriage.
Fourthly:
What this guardian and others like him do is very strange, when they turn their daughters into trade goods to be offered to the highest bidder, or to the one who is better off than others. Even stranger than that is when they claim that the daughter has no need to get married! What does this poor man understand about need? Doesnt he know that people need comfort, love and compassion, and that they have natural needs that Allaah has created in them, by His wisdom, may He be glorified? The womans wali has to fear Allaah and understand that preventing his daughter or sister from getting married to a compatible suitor who is pleased with her is regarded as wrongdoing and transgression and implies that he is an evildoer (faasiq) whose good character is sullied and whose testimony is to be rejected.
Shaykh Ibn Uthaymeen (may Allaah have mercy on him) said:
If the wali refused to let a woman marry a man whose religious commitment and character are good, then guardianship passes to the next closest male relative on the fathers side, then the next closest and so on. If they refuse to arrange her marriage, as usually happens, then guardianship passes to the qaadi, and the qaadi should arrange the womans marriage. If the matter is referred to him and he knows that her guardians have refused to arrange her marriage, then he should do that, because he is the wali in cases where there is no specific wali.
The fuqaha (may Allaah have mercy on them) stated that if the wali repeatedly refuses marriage proposals from suitable men, then he is a faasiq (evildoer) and is no longer regarded as being of good character or as being a wali, rather according to the best known view of the madhhab of Imam Ahmad, he also forfeits the right to lead prayers and it is not valid to offer any congregational prayer behind him. This is a serious matter.
Some people, as we have referred to above, refuse offers of marriage from compatible men, but the girl may feel too shy to come to the qaadi to ask for her marriage to be arranged. This is something that does happen. But she should weigh the pros and cons, and decide which has the more damaging consequences, staying without a husband and letting her wali control her life according to his mood or his whims and desires, and when she grows old and no longer wants to get married, then he will arrange her marriage, or going to the qaadi and asking him to arrange her marriage because that is her right according to shareeah.
Undoubtedly the second alternative is preferable, which is that she should go to the qaadi and ask him to arrange her marriage, because she has the right to that, and because her going to the qaadi and his arranging her marriage serves the interests of others too, because others will come just as she has, and her coming to the qaadi will serve as a deterrent to those who wrong those whom Allaah has put under their care and prevent them from marrying compatible men. In other words, this serves three purposes:
1. The womans own interests, so that she will not stay without a husband.
2. The interests of others, because it will open the door for women who are waiting for someone to set a precedent they can follow.
3. Preventing those oppressive walis who make decisions for their daughters or other women under their guardianship according to their own moods or what they themselves want.
This also serves the purpose of establishing the command of the Messenger (peace and blessings of Allaah be upon him), who said: If there comes to you (to propose marriage to your daughter) one with whose religious commitment and character you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on earth and widespread corruption.
It also serves a specific interest, which is arranging marriages for those who are suitable in terms of religious commitment and character, thus protecting them from going astray and falling into haraam.
Quoted from Fataawa Islamiyyah, 3/148
We ask Allaah to help you to do that which in which is goodness and success.
And Allaah knows best.
Source
Praise be to Allaah. Firstly:
Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): There is no marriage without a wali. Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from the hadeeth of Abu Moosa al-Ashari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
And he (peace and blessings of Allaah be upon him) said: There is no marriage except with a wali and two witnesses of good character. Narrated by al-Bayhaqi from the hadeeth of Imraan and Aaishah; classed as saheeh by al-Albaani in Saheeh al-Jaami 7557.
And he (peace and blessings of Allaah be upon him) said: Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian. Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami no. 2709.
The womans guardian is her father; then her paternal grandfathers, no matter how far the line of ascent reaches; then her son and his sons, no matter how far the line of descent reaches (this applies if she has a son); then her (full) brother through her father and mother; then her (half) brother through her father only; then their sons, no matter how far the line of descent reaches; then her paternal uncles; then their children, no matter how far the line of descent reaches; then the fathers paternal uncles; then the ruler. (al-Mughni 9/355).
But if the wali repeatedly refuses the proposal of a compatible suitor, he is to be regarded as preventing the marriage of the female relative under his care, and his guardianship is thus rendered null and void, and that right is transferred to the next closest relative on the fathers side.
Secondly:
The compatibility that counts here is compatibility in religious commitment. There is no difference between an Arab and a non-Arab, or between black and white, except in terms of taqwa (piety). Some of the fuqaha listed other conditions of compatibility, such as lineage and so on. The fact that the suitor is a teacher and you are a (university) tutor does not mean that he is not compatible with you, so long as he is of good character and religiously committed, and he is comfortably off in material terms, as you mentioned.
Thirdly:
What we think is that you should try to advise your father again, and seek help in doing so from someone who will be acceptable to him such as a relative or friend. If he agrees to give you in marriage to this suitor, this is what you want; otherwise you should refer to the matter to the guardian (wali) who comes after him, according to the order mentioned above. If he refuses to arrange your marriage, or there is a conflict among the guardians, then refer the matter to the qaadi and appoint him to arrange your marriage.
Fourthly:
What this guardian and others like him do is very strange, when they turn their daughters into trade goods to be offered to the highest bidder, or to the one who is better off than others. Even stranger than that is when they claim that the daughter has no need to get married! What does this poor man understand about need? Doesnt he know that people need comfort, love and compassion, and that they have natural needs that Allaah has created in them, by His wisdom, may He be glorified? The womans wali has to fear Allaah and understand that preventing his daughter or sister from getting married to a compatible suitor who is pleased with her is regarded as wrongdoing and transgression and implies that he is an evildoer (faasiq) whose good character is sullied and whose testimony is to be rejected.
Shaykh Ibn Uthaymeen (may Allaah have mercy on him) said:
If the wali refused to let a woman marry a man whose religious commitment and character are good, then guardianship passes to the next closest male relative on the fathers side, then the next closest and so on. If they refuse to arrange her marriage, as usually happens, then guardianship passes to the qaadi, and the qaadi should arrange the womans marriage. If the matter is referred to him and he knows that her guardians have refused to arrange her marriage, then he should do that, because he is the wali in cases where there is no specific wali.
The fuqaha (may Allaah have mercy on them) stated that if the wali repeatedly refuses marriage proposals from suitable men, then he is a faasiq (evildoer) and is no longer regarded as being of good character or as being a wali, rather according to the best known view of the madhhab of Imam Ahmad, he also forfeits the right to lead prayers and it is not valid to offer any congregational prayer behind him. This is a serious matter.
Some people, as we have referred to above, refuse offers of marriage from compatible men, but the girl may feel too shy to come to the qaadi to ask for her marriage to be arranged. This is something that does happen. But she should weigh the pros and cons, and decide which has the more damaging consequences, staying without a husband and letting her wali control her life according to his mood or his whims and desires, and when she grows old and no longer wants to get married, then he will arrange her marriage, or going to the qaadi and asking him to arrange her marriage because that is her right according to shareeah.
Undoubtedly the second alternative is preferable, which is that she should go to the qaadi and ask him to arrange her marriage, because she has the right to that, and because her going to the qaadi and his arranging her marriage serves the interests of others too, because others will come just as she has, and her coming to the qaadi will serve as a deterrent to those who wrong those whom Allaah has put under their care and prevent them from marrying compatible men. In other words, this serves three purposes:
1. The womans own interests, so that she will not stay without a husband.
2. The interests of others, because it will open the door for women who are waiting for someone to set a precedent they can follow.
3. Preventing those oppressive walis who make decisions for their daughters or other women under their guardianship according to their own moods or what they themselves want.
This also serves the purpose of establishing the command of the Messenger (peace and blessings of Allaah be upon him), who said: If there comes to you (to propose marriage to your daughter) one with whose religious commitment and character you are pleased, then marry (your daughter) to him, for if you do not do that, there will be fitnah (tribulation) on earth and widespread corruption.
It also serves a specific interest, which is arranging marriages for those who are suitable in terms of religious commitment and character, thus protecting them from going astray and falling into haraam.
Quoted from Fataawa Islamiyyah, 3/148
We ask Allaah to help you to do that which in which is goodness and success.
And Allaah knows best.
Source
Pakistani1947
Chief Minister (5k+ posts)
Praise be to Allaah.
There are three pillars or conditions for the marriage contract in Islam:
Both parties should be free of any obstacles that might prevent the marriage from being valid, such as their being mahrams of one another (i.e., close relatives who are permanently forbidden to marry), whether this relationship is through blood ties or through breastfeeding (radaa) etc., or where the man is a kaafir (non-Muslim) and the woman is a Muslim, and so on.
There should be an offer or proposal (eejaab) from the walee or the person who is acting in his place, who should say to the groom I marry so-and-so to you or similar words.
There should be an expression of acceptance (qabool) on the part of the groom or whoever is acting in his place, who should say, I accept, or similar words.
The conditions of a proper nikaah (marriage contract) are as follows:
Both the bride and groom should be clearly identified, whether by stating their names or describing them, etc.
Both the bride and groom should be pleased with one another, because the Prophet (peace and blessings of Allaah be upon him) said: No previously-married woman (widow or divorcee) may be married until she has been asked about her wishes (i.e., she should state clearly her wishes), and no virgin should be married until her permission has been asked (i.e., until she has agreed either in words or by remaining silent). They asked, O Messenger of Allaah, how is her permission given (because she will feel very shy)? He said: By her silence. (Reported by al-Bukhaari, 4741)
The one who does the contract on the womans behalf should be her walee, as Allaah addressed the walees with regard to marriage (interpretation of the meaning): And marry those among you who are single [al-Noor 24:32] and because the Prophet (peace and blessings of Allaah be upon him) said: Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid. (Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)
The marriage contract must be witnessed, as the Prophet (peace and blessings of Allaah be upon him) said: There is no marriage contract except with a walee and two witnesses. (Reported by al-Tabaraani; see also Saheeh al-Jaami, 7558)
It is also important that the marriage be announced, as the Prophet (peace and blessings of Allaah be upon him) said: Announce marriages. (Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami, 1027)
The conditions of the walee are as follows:
He should be of sound mind
He should be an adult
He should be free (not a slave)
He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.
He should be of good character (adaalah includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.
He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf. (Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami, 7298)
He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.
The fuqahaa put possible walees in a certain order, and a walee who is more closely-related should not be ignored unless there is no such person or the relatives do not meet the specified conditions. A womans walee is her father, then whoever her father may have appointed before his death, then her paternal grandfather or great-grandfather, then her son, then her grandfathers sons or grandsons, then her brother through both parents (full brother), then her brother through her father, then the sons of her brother through both parents, then the sons of her brother through her father, then her uncle (her fathers brother through both parents), then her fathers brother through the father, then the sons of her fathers brother though both parents, then the sons of her fathers brother through the father, then whoever is more closely related, and so on as is the case with inheritance. The Muslim leader (or his deputy, such as a qaadi or judge) is the walee for any woman who does not have a walee of her own.
And Allaah knows best.
Source
There are three pillars or conditions for the marriage contract in Islam:
Both parties should be free of any obstacles that might prevent the marriage from being valid, such as their being mahrams of one another (i.e., close relatives who are permanently forbidden to marry), whether this relationship is through blood ties or through breastfeeding (radaa) etc., or where the man is a kaafir (non-Muslim) and the woman is a Muslim, and so on.
There should be an offer or proposal (eejaab) from the walee or the person who is acting in his place, who should say to the groom I marry so-and-so to you or similar words.
There should be an expression of acceptance (qabool) on the part of the groom or whoever is acting in his place, who should say, I accept, or similar words.
The conditions of a proper nikaah (marriage contract) are as follows:
Both the bride and groom should be clearly identified, whether by stating their names or describing them, etc.
Both the bride and groom should be pleased with one another, because the Prophet (peace and blessings of Allaah be upon him) said: No previously-married woman (widow or divorcee) may be married until she has been asked about her wishes (i.e., she should state clearly her wishes), and no virgin should be married until her permission has been asked (i.e., until she has agreed either in words or by remaining silent). They asked, O Messenger of Allaah, how is her permission given (because she will feel very shy)? He said: By her silence. (Reported by al-Bukhaari, 4741)
The one who does the contract on the womans behalf should be her walee, as Allaah addressed the walees with regard to marriage (interpretation of the meaning): And marry those among you who are single [al-Noor 24:32] and because the Prophet (peace and blessings of Allaah be upon him) said: Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid. (Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)
The marriage contract must be witnessed, as the Prophet (peace and blessings of Allaah be upon him) said: There is no marriage contract except with a walee and two witnesses. (Reported by al-Tabaraani; see also Saheeh al-Jaami, 7558)
It is also important that the marriage be announced, as the Prophet (peace and blessings of Allaah be upon him) said: Announce marriages. (Reported by Imaam Ahmad; classed as hasan in Saheeh al-Jaami, 1027)
The conditions of the walee are as follows:
He should be of sound mind
He should be an adult
He should be free (not a slave)
He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.
He should be of good character (adaalah includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.
He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf. (Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami, 7298)
He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.
The fuqahaa put possible walees in a certain order, and a walee who is more closely-related should not be ignored unless there is no such person or the relatives do not meet the specified conditions. A womans walee is her father, then whoever her father may have appointed before his death, then her paternal grandfather or great-grandfather, then her son, then her grandfathers sons or grandsons, then her brother through both parents (full brother), then her brother through her father, then the sons of her brother through both parents, then the sons of her brother through her father, then her uncle (her fathers brother through both parents), then her fathers brother through the father, then the sons of her fathers brother though both parents, then the sons of her fathers brother through the father, then whoever is more closely related, and so on as is the case with inheritance. The Muslim leader (or his deputy, such as a qaadi or judge) is the walee for any woman who does not have a walee of her own.
And Allaah knows best.
Source
Pakistani1947
Chief Minister (5k+ posts)
Narrated Al-Hasan: The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order. (Sahih Bukhari; Book #63, Hadith #248)
3rd_Umpire
Chief Minister (5k+ posts)
Re: Ladies bhi contract marriage ker sakti hain- Mufti Abdul Qavi give another controversial statement- watch video
جی راز صاحب ! ویاگرا کی خوبیاں ایک طرف، لیکن کوئی ملاّ استعمال کرے تو اسی قسم کے فتوے موئےِ مبارک سے برآمد ھوتے ھیں
جی راز صاحب ! ویاگرا کی خوبیاں ایک طرف، لیکن کوئی ملاّ استعمال کرے تو اسی قسم کے فتوے موئےِ مبارک سے برآمد ھوتے ھیں
When a woman marries without a wali, then the following occurs (copied from https://islamqa.info/en/20928)
Question:
Im in a dilema at the moment. A few months ago I married a brother without my family's knowledge (my fmaily are non-muslims), we decided we would keep the marriage between ourselves until my family are in acceptance of him. Its was a very basic ceromony. But recently I have realised that my marriage is not valid as I did not have a wali present, only 2 witnesses. I informed my husband straight away and now he says he does not want us to be married again as he feels he is not ready for marriage.
The problem is we have been together once and now I am pregnant, and he says its a child of Zina and he has no responsability over it and its up to me what I decide to do but its better that I have an abortion for both our sakes and the childs.
Please can you help in in advising me what to do as if my family find out I will be disowned and have nowhere to go as I will be a single mother. My pregnancy is in early weeks so far.
Answer:
Praise be to Allaah. Islam forbids a woman to get married without a wali (guardian), and it regards a marriage contract done without a wali as invalid. A kaafir cannot be the wali of a Muslim woman, so if none of her family are Muslims, then the leader or mufti of the Muslims, or the imam of the Islamic center, should stand in as her wali. Ibn Qudaamah said: A kaafir cannot be the wali of a Muslim woman under any circumstances, according to scholarly consensus. Al-Mughni, 7/356
We have discussed all of the above, with evidence and the comments of the scholars, please see the answers to questions no. 7989 and 2127. So the marriage contract is not valid, and it must be annulled and you have to keep away from your husband. The husband has to repeat the marriage contact in the manner prescribed in shareeah, if he wants to be married to you. Try to get some good and righteous people to intervene and convince him to do that, and to correct his mistake, as this is in your interests and the interests of your child. If he does not respond, then our advice is to forget about him, because his words are not the words of a trustworthy man. His saying that he is not ready for marriage indicates that he only wanted to have intercourse with you, and he did not want to adhere to the commands and laws of Allaah, and the commands to be the protector and maintainer of his wife.
See also the answer to question no. 13501It is not permissible for him to tell you to have an abortion, and it is not permissible for you to have an abortion if the foetus has reached the stage where the soul has been breathed into it. If you do that you will be killing a soul. See also questions no 12118 and 13319 and 4038.
With regard to the child, it is valid to call him after his father and he is not regarded as an illegitimate child, rather the scholars regard him as the child of a marriage contract with some faults in it, and the child born of such a marriage is to be attributed to his father. See al-Mughni, 11/196 Remember that Allaah has guaranteed provision for His slaves, and has promised that whoever fears Allaah, He will give him a way out.
So fear Allaah, put your trust in Him and repent to him Part of repenting means separating from this man, because the marriage contract is invalid, for there is no marriage without a wali, as the Prophet (peace and blessings of Allaah be upon him) said. And when you do that you will be doing it only because it is the command of Allaah. Know that whoever gives up something for the sake of Allaah, Allaah will compensate him or her with something better May Allaah give you strength and make things easy for you. And Allaah knows best.
Question:
Im in a dilema at the moment. A few months ago I married a brother without my family's knowledge (my fmaily are non-muslims), we decided we would keep the marriage between ourselves until my family are in acceptance of him. Its was a very basic ceromony. But recently I have realised that my marriage is not valid as I did not have a wali present, only 2 witnesses. I informed my husband straight away and now he says he does not want us to be married again as he feels he is not ready for marriage.
The problem is we have been together once and now I am pregnant, and he says its a child of Zina and he has no responsability over it and its up to me what I decide to do but its better that I have an abortion for both our sakes and the childs.
Please can you help in in advising me what to do as if my family find out I will be disowned and have nowhere to go as I will be a single mother. My pregnancy is in early weeks so far.
Answer:
Praise be to Allaah. Islam forbids a woman to get married without a wali (guardian), and it regards a marriage contract done without a wali as invalid. A kaafir cannot be the wali of a Muslim woman, so if none of her family are Muslims, then the leader or mufti of the Muslims, or the imam of the Islamic center, should stand in as her wali. Ibn Qudaamah said: A kaafir cannot be the wali of a Muslim woman under any circumstances, according to scholarly consensus. Al-Mughni, 7/356
We have discussed all of the above, with evidence and the comments of the scholars, please see the answers to questions no. 7989 and 2127. So the marriage contract is not valid, and it must be annulled and you have to keep away from your husband. The husband has to repeat the marriage contact in the manner prescribed in shareeah, if he wants to be married to you. Try to get some good and righteous people to intervene and convince him to do that, and to correct his mistake, as this is in your interests and the interests of your child. If he does not respond, then our advice is to forget about him, because his words are not the words of a trustworthy man. His saying that he is not ready for marriage indicates that he only wanted to have intercourse with you, and he did not want to adhere to the commands and laws of Allaah, and the commands to be the protector and maintainer of his wife.
See also the answer to question no. 13501It is not permissible for him to tell you to have an abortion, and it is not permissible for you to have an abortion if the foetus has reached the stage where the soul has been breathed into it. If you do that you will be killing a soul. See also questions no 12118 and 13319 and 4038.
With regard to the child, it is valid to call him after his father and he is not regarded as an illegitimate child, rather the scholars regard him as the child of a marriage contract with some faults in it, and the child born of such a marriage is to be attributed to his father. See al-Mughni, 11/196 Remember that Allaah has guaranteed provision for His slaves, and has promised that whoever fears Allaah, He will give him a way out.
So fear Allaah, put your trust in Him and repent to him Part of repenting means separating from this man, because the marriage contract is invalid, for there is no marriage without a wali, as the Prophet (peace and blessings of Allaah be upon him) said. And when you do that you will be doing it only because it is the command of Allaah. Know that whoever gives up something for the sake of Allaah, Allaah will compensate him or her with something better May Allaah give you strength and make things easy for you. And Allaah knows best.
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