Question:
Here is also a letter, O Most High Shaykh, addressed to you personally, sent by Al-Mahd ‘Uwaidah ‘Āyid Al-Muṭairī.
He said: “O Sheikh Abdul Aziz bin Abdullah bin Baz, I ask you Your Majesty to please explain to us about the following problem. I convey to you that my daughter and her guardian – namely her brother – have said.”
This letter is actually long, and the summary is that he explains the situation with his daughter and her daughter’s brother, whose daughter’s brother came from a man who was not her husband’s husband.
She (the mother) said that the brother wanted to marry his sister to a man her sister didn’t like, and this mother followed her wishes, namely wanting to please the brother, so she married her daughter to a man she didn’t like. Is the mother guilty of what she did?
Answer:
This query requires details. If his daughter doesn’t like him, then he can’t marry him at all.
Presenter: He said that the girl didn’t like him.
The bottom line is that a woman cannot marry without his permission. If her mother or brother forces her to marry, it is not permissible for them to marry, just as it is not permissible for her father to force her, according to correct opinion, if she is still a virgin or a girl of at least nine years of age. If she is a girl of nine years or older, then she should be consulted. If he gives permission, then he will not marry, and his permission is enough to silence, for his father and other than his father, for his father and other than his father, moreover, if his brother belongs to his mother, then he does not become a guardian. For him, if he is a brother from the mother’s side, then he is not his guardian, but his guardian is his relative. His biological brothers and father’s brothers are his guardians. However, if he is a brother of his father or of his father and mother, then he is a brother, but he has no right to marry her except with his permission. Marrying her without her permission is illegal and invalid. Her permission to marry must be taken absolutely, but her permission is her fast if she is still a virgin. As for a married woman, she must give her permission, she must express that permission. Yes.
Shaykh: It is not permissible for her to marry her father or other than her father, nor her mother, her brothers, or anyone other than them.
The Prophet Sallallahu Alaihi Wa Sallam forbade marrying women except with his permission. He says:
Do not marry a virgin before you ask permission, and do not marry a pregnant woman before you ask permission
“Do not marry a girl until her permission is asked, and do not marry a widow until her permission is asked.”
Friends ask:
O Messenger of God! In her virginity, she was shy
“O Messenger of Allah, of course a woman would be shy.”
He says:
“Permission is in silence.”
So in conclusion, a woman should not be married except with her permission. So the actions of her mother or brother who force her to marry are not permissible.
Even the correct opinion is that her father cannot force her, if she is an adult and sensible girl, or at least nine years old. If the person is nine years or older, their opinion must be asked, if they have permission, if not, then they cannot marry. Permission is enough to be silent, both to the father and other than the father. Permission is enough to remain silent, whether to his father, let alone to someone other than his father.
As for the brother, if he is only the mother’s brother, then he is not his guardian. If the sibling’s relationship is from the mother, then she is not his guardian. The only ones who are his guardians are the ‘ashabahs, namely his biological brothers and his father’s brothers, they are his guardians. If he is a half-brother or half-brother (siblings), then he is an ‘ashabah, and he is still not allowed to marry her off except with his permission. Marrying her without the woman’s permission is a fake and invalid marriage.
Therefore, it is absolutely necessary to ask the woman’s permission, only if she is still a girl then her permission is sufficient to be silent. As for widows who have previously been married, there must be a clear statement of permission, that is, she must express her permission. That’s it.
Shaykh Bin Baz
Source:
GDF article source
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