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Fatwa #1474327 November 2006United States of America

Do the cultural practices our father is insisting upon go against Qur’am and Sun’nah.....

Question

 I want to know about the proper ruling on a situation according to shar’ria. Our family is being tested with fit’nah. I want to diffuse the situation but I need to be certain that the advice I give to the family members involved coming to me according to Qur’an and sunnah. The situation is thisà my sister got married to a pious practicing brother. Our father knew this brother and had previously encouraged her to marry him but at the time she did not wish to do so. Our parents are in another country. Before the marriage she spoke to our father about being her walee but there was some misunderstanding and he ended up not being her walee. In the marriage there were two witnesses for her that were present and her walee (her walee was not our father but an imam of the community in which he lives). This is the person who contracted the marriage for my sister.

 Our father is now angry and says that the marriage is valid and that if she is with her husband she committing Zinah. In our culture the custom to send a dowry to the parents of the woman  to ask her father for her  in marriage. The father them takes counsel with the senior members of the family to accept or the reject the proposal. My sister and the brother did not do this, my sister has apologized to our father for not clarifying the misunderstanding before going ahead with the marriage but our father will not accept the apology until she and the brother leave each other and go through the proper channels as dictated by culture. Only then will he recognizes their marriage. My sister and the brother refuse to do as our father wishes because they believe their marriage is halal.

  My sister has made some mistakes in her life and has made taowba for those mistakes. One of those mistakes was that she had a child out of wedlock. She has lived alone and supported her self and her son for some time before her recent marriage this the brother.

My question is whether or not her marriage is valid? Do the cultural practices our father is insisting upon go against Qur’am and Sun’nah. For her situation what validates or invalidates the marriage.Please give references and proofs in the answer so that I may share it with the individuals involved without any difficulty.

Answer

Your sister’s Nikah is valid. If your’ll are certain that your father will recognise the Nikah if his conditions are met, then that should be considered. At most, your sister needs to live separately from her husband for some time until procedure are followed and your father is happy. In this approach your father will be fulfilled and your sister too will be happy.

And Allah Knows Best

Mufti Ebrahim Desai

A SPECIAL MESSAGE FROM MUFTI EBRAHIM DESAI

 

  1. When the world was in darkness of inhumanity, Allah Taala gave knowledge and guidance to Rasulullah (Sallalahu Alayhi Wasallam).
  2. The guidance through that Divine knowledge had changed the mindset of people and transformed the evil practices of people to the highest morals.
  3. Education and knowledge of Divine guidance is the backbone and foundation of reformation, prosperity and peace.
  4. Islam provides guidance and solution for every aspect of life. Ignorance of such knowledge leads one to look down upon Islam and suffer an inferiority complex.
  5. When one studies Islam, the Quran and Hadith, then only one will value the in-depth wisdom in such knowledge.
  6. Muslims are generally ignorant about Islam and that is the fundamental cause of our decline and retrogression.
  7. We have to educate ourselves on Islam and rise to the challenges of the times and once again prove ourselves as a dynamic Ummah. For that sacrifice, take out time to study Islam from reliable Ulama and scholars.
  8. If you cannot make your son an Aalim of Deen then encourage others to become Huffaz and Ulama. You will get the reward of the person studying and guiding people through his knowledge.
  9. If that too is difficult, at least help and assist a person who wishes to study Deen.
  10. Rasulullah (Sallalahu Alayhi Wasallam) said, “When a person passes away all his deeds terminate except three, Sadaqah e Jaariyya (perpetual reward), pious child that makes Dua for the parents and knowledge through which others benefit”. 

SEE OUR ALINAAM WEBSITE FOR HOW TO ENROLL AT OUR INSTITUTE- www.alinaam.org.za

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