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The ruling of seeking approval of the woman for her marriage |
Source: Tanbihaat alaa ahkaami takhtasu bil
Mu’minaat (Urdu version)
Author: Shaikh Saalih Fawzaan
Translated by: Kashif bin Hazoor Khan as-Salafi
and Abu Ahmad
Produced by: Waseelatus Salafiyyah (www.TheRighteousPath.com)
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he conditions
in which a woman is married, then she will be in one
condition from amongst these three conditions:
1. Either she will be a young virgin girl who has
not reached the age of puberty and who has never been
married.
2. Or she will be a virgin who has reached the age
of puberty who has never been married.
3. Or she will be one who has been married before.
And for each is a separate ruling.
1. About a young virgin girl who has not yet
attained the age of puberty then there is no ikhtilaaf(difference)
among the scholars that the father has the right to
get her married without her permission, because there
is no meaning in asking of the permission from a young
child.
Abu Bakr (may Allah be pleased with him) married his
daughter Aaisha (may Allah be pleased with her) to
the Messenger (may Allah's peace and blessings be
upon him) when she was just six years old and he (may
Allah be pleased with him) sent her to the Prophet
(may Allah's peace and blessings be upon him) when
she was 9 years old.
Imam Shawkaanee (may Allah have mercy on him) said
in Nainul Awtaar v.6 p.128-129: “The
mentioned hadeeth is a proof that a father has full
authority to marry his daughter who has not reached
the age of puberty without her permission.”
And he also writes, “This
hadeeth also proves that a young girl can be married
to an older man. Imaam Bukhari (may Allah have mercy
on him) has named a chapter in his saheeh on this
same issue, and under this chapter he narrated the
same hadeeth about Aaisha (may Allah be pleased with
her). Haffidh ibn Hajar (may Allah have mercy on him)
has related an ijmaa’ (agreement) (of the scholars)
in his book Fathhul Baari about this issue.”
Allamah ibn Qudaamah (may Allah have mercy on him)
writes in al-Mughni that allamah ibn Mundir states
that all of the people of knowledge from whom we have
taken knowledge have an ijmaa’ (agreement) on this
issue that a father can marry his young daughter who
has not yet reached the age of puberty ( without her
consent ) on the condition that he has kept in mind
the suitability and compatibility of the marriage.
I (i.e Shaykh Fawzaan) say, that marrying Aaisha to
Messenger by Abu Bakr (may Allah be pleased with him)
at the age when she was just six is a refutation upon
those people who deny or dislike the marraying of
young girls to older men. And on the basis of ignorance
of the Book and the Sunnah they try to portray it
in as something evil and wrong.
2. About a virgin girl or woman who has attained
the age of puberty, she cannot be married off except
with her approval, and her silence will be considered
as approval, because of saying of the messenger: “A
virgin girl cannot be married except with her permission.”
So it was said, “and how is her approval?” he (saw)
said: “ her silence.” Accordingly with the people
of knowledge it is agreed that it is necessary to
ask for permission from a woman who has reached the
age of puberty, even if the one who is marrying her
off is her own father.
Allahmah ibnul Qayyim (may Allah have mercy on him)
says in al-Hudaa an-Nabawi v.5 p.96: “The
majority of the salaf and Imaam Abu Haneefah and Imaam
Ahmad (may Allah have mercy on all of them) have the
same saying according to one narration, and this is
what is preferred.” because this is what coincides
with the commands and prohibitions of the Messenger
of Allah (may Allah's peace and blessings be upon
him).
3. About a woman who has been previously married,
the same ruling applies that her approval is necessary
for her to be married but the difference is that her
approval must be explicit and clear in words “yes”
or “no” as against a virgin girl or woman whose silence
will be considered as a “yes”. It is mentioned in
al-Mughni v.6 p.493, “We do
not know of any ikhtilaaf (diffence) among the people
of knowledge in this issue, that the woman who has
already been married must express her consent in explicit
words because there are clear ahaadeeth and also because
the tongue brings out what is in the heart, and this
has come in everyplace where an approval is needed."
Shaykhul Islaam ibn Taymiyyah (may Allah have mercy
on him) says in Majmoo’ al-Fataawaa v.32 p.39-40,
“No person has the right that
he gets a woman married without her permission. This
is what has been taught by the Messenger of Allah
(saw). If a woman does not want to marry any person
she cannot be coerced into marrying him, but a young
girl who has not reached the age of puberty can be
married by her father without her consent. But one
who was already married cannot be married off without
her permission; not by her father and not by other
than him, and the Muslims have united upon this. Similarly
a virgin girl or woman who has attained the age of
puberty cannot be married off without her consent
except by her father or grandfather. There is an agreement
of Muslims on this as well. And the father and grandfather
should also seek her approval. But there is a difference
of opinion about this hukm (command) whether it is
waajib (mandatory) or mustahab (preferable). And the
correct saying is that to seek her consent is waajib
(mandatory) on both of them as well. The one in authority
(i.e. the father) when taking in account the man whom
he is marring his daughter to must consider the fear
of Allah and Taqwa as it is a must to take into consideration
if that person will be compatible with his daughter.
He must keep in mind the benefits that her daughter
will achieve and marrying her off because of them.
And he must be careful not to marry her off because
of personal benefits that he may receive.”
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