Question

She married in courts against her father's wishes

224

Question

A Muslim girl was married to a Muslim man at the court, because her father did not support her marriage with the man following a misunderstanding between the girl's parent and that of the man. The girl's father even treated to disowned her if she go ahead to marry this same man. What is the fate of this girl?

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

Accepted Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

If the matter is as you mentioned in the question and the court is a man-made one then the marriage of this woman is void as the Prophet said: "Any woman who gets married without the consent of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If he consummates the marriage with her, she is entitled to the whole dowry as he made her private parts lawful to him [by having intercourse with her], but if they differed, [there is a dispute among those who want to be her guardian as to whom is more entitled to be as such] then the judge is a guardian for the woman who has no guardian." [Ahmad and Abu Daawood] Therefore, if a woman marries without the consent of her guardian and a Muslim judge did not conduct it then it is void. So this woman is obliged to leave this man immediately. If he had consummated the marriage with her, she has to observe a waiting period similar to the one of a divorced woman and she deserves the whole dowry. Besides, she is obliged to repent to Allaah especially if she had resorted to a man-made law which does not rule according to the Legislation of Allaah. However, if it was an Islamic court which conducted this marriage then this marriage is correct.

Ibn Qudaamah when mentioning that marriage without a guardian is not valid he said: 'If it is a Muslim ruler who gave the ruling that the marriage contract is correct or that the marriage contract itself is conducted by the Muslim ruler, then it is not permissible to nullify such contract.'

This woman should have first tried to convince her father to accept her marriage with this man, and if he still refused without a sound reason then it becomes permissible for her to take her matter to an Islamic court, and if there is none then to the Muslim community which will act on her behalf.

Allaah Knows best.

Fatwa

She married in courts against her father's wishes

Question

Answer

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

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