as salaam alaikom wa raHmatullah
nahmaduhu wa nusalli alayh
Respected Sheikhs,
I wanted to know from your respected selves, what is the ruling according to the Hanafi fiqh of a hypothetical issue.
Say, by the use of the means of the internet, telecommunications (like phone) and similar technology, an engagement be made with a baaligha new Muslim girl who has no Muslim Mahram, nor Muslim Wali – from her own family?
And as I also understand, in the hanafi fiqh, a wali isnt really required for a baaligha as well as divorced woman to find and choose her husband, correct me if I am wrong, please
The process and procedure would be:
By making a signed written agreement, after understanding her rights and the man’s rights, and thus agreeing to the terms, printed signed, then scan to her and then she signs if she agrees and scans, sends a copy to the suitor, and takes a copy to the wife/or woman relative of the imam to give it to the imam of the local Muslim community where she lives, as proof for her engagement, so one should not ask for her hand. Along with the agreement, a profile of this man with a few pictures of him is attached.
1. First, an engagement be acceptable or not?
2. And, if it is not, would an appointed wali from the local community for engagement, be necessary or not? And, would it be accepted then or not?
3. Could the imam take the place as her wali to see there is kafaa`at (compatibility) or not necessary?
4. What would constitute kafaa`at in this case?
5. Would an aqd qiraan (or aqd zawaaj) be also possible, provided that witnesses are available and representatives from the man’s side, mahr is also given to the wife-to-be, and this is done in front of a mass of people? Except the man comes later and makes a waleemah?
6. Or, should he have to be there present at the time of aqd?
JazakaAllah kheyran
Wa Fee Amaanillah
Your brother in Islaam
Ibn AtaAllah Al-Hanafi
ابن عطاالله الحنفي
باسمہ تعالیٰ
حامدا ومصلیا:
Assalamu Alaikum
Dear Brother in Islam,
The answers to your questions are as follows:
1. Since a Baalighah can marry someone who is the most compatible to her, according to Shariah, without the consent of her Walee, she can also accept the engagement of someone who is a proper match for her.
2. To appoint someone from the local community as Walee is not necessary. If the new comer was associated or living under the instruction of any Muslim family then the head of the family can perform all the formalities.
3. Not necessary. He can play the role of Walee but won’t get all the rights that Islam granted to the Walee.
4. In fact, Kafaat is considered in order to get rid of misbalance between the couple and preserve the family honour and respect. As regard to new comers, they go through severe hardship and need both financial and religious support. Therefore, it is a matter of great reward to marry a new comer so that she can learn Islamic teachings and abide by them easily, though one who embraces Islam and his father is a Kafir will not be considered equal to someone whose father is also a Muslim, and a Muslim whose father is a Muslim but grandfather is a Kafir is not regarded on a par with one whose father and grandfather both are Muslims. Thus, equality in Islam is only considered till the grandfather not beyond him.
5. What do you mean by Aqd Qiraan and Aqd Zawaaj? The answer given to question No. 6 may help you understand the answer of this question.
6. At the time of Aqd, Aaqid and Aaqidah-bridegroom and bride or his/her Wakeel-proxy must be present.
والله اعلم بالصواب و علمه اتم
Asslamoalikum Mufti sahab mein ap se yeh poochna chahti hoon ke meri behin ki shadi phopho ke ghar ho rahi hai aur ap to jante hen ke her ladki ki yeh khwaish hoti he ke us ki shadi bre ghar men ho jhan meri behin ki shadi ho rahi hai wo ameer to hen lakin shadi wasi nhin ker rhe jaisa ke meri behin chahti he i mean ke wo log na to koi gold de rhe hen na hi kuch aur hmare haalat aise guzre hen ke bus ap smajh sakte hen ke men kya kehna chahti hoon plz help me and tell me any wazeefa for all that problems men chahti hoon ke ye shadi wasi he ho jasi meri behin chahti he aur jasi men chahti hoon! plz help me and tell me soon! Allah Hafiz!
Wa alaykumus salaam
Shaadi men aurat ka haq he ke woh jo chahiye mehrmen maagsakti he. Aur khucch dena shohar par laazmi nahin. Rasulullah salallahu layhi wasallam ka irshaad he, ” sba se bahtarien nikaah wohi he jis men ikhraaj kam ho.
By: Komal on May 11, 2009
at 9:29 am
Aslam Alaykam
can you please advise me if a woman can performe her nikhs during during time of month, (period)? of whe need to wait when she is fully clean?
Wa alaykumus salaam
Nikah performed in haidh is valid but it would be preferrable to perform nikaah when pure so that all the mustahabbaat of nikaah could be fulfilled.
By: fozia on May 15, 2009
at 1:17 am
can a sister get her children married to her brothers children after breast feeding them when they were small or any other children from same brother
assalaamu alaykum!!!
If a child is breastfed by a woman then thr woman’s children become that child’s brothers and sisters.Therefore marriage between them is forbidden.Condition only involves those that were breastfed and not others.The brothers and sisters of the one breastfed and themselves not breastfed can marry their brother’s foster brothers and sisters.
By: zaffar on December 2, 2009
at 11:21 pm