{"fatawa":{"id":9112,"title":"Her father refused to marry her to someone so the judge did the marriage for her","slug":"her-father-refused-to-marry-her-to-someone-so-the-judge-did-the-marriage-for-her","order":"","question":"<p>My father is Muslim.  He has wrong thoughts about Islam, such as his  situation of hejab and mixing. He says: &ldquo;will a person be judged if good  or bad by his religiousness?&rdquo;  He says also that none can implement all  the commands of Allah, even the prophet (PBUH) himself could not,  meaning the issue of polygamy. My sister has rejected Islam and became  Christian, and my father did not object to this, he even sees her as  better than me. My mother is Christian as well.&nbsp; <br \/> A noble but disabled man has proposed to me and I accepted him. But my  father refused him because he is disabled and from a simpler standard of  living than ours. We are rich family.&nbsp; <br \/> After I completed my study at university, my family planned to cut my  relationship with the good friends of mine, they planned to change my  life gradually. So I left home and planned for marriage. Two months  later I got married to the Muslim man in a shar&rsquo;ee court.&nbsp; <br \/> The question: is my marriage islamically valid? What should my situation  towards my family be? Shall I continue boycotting the relationship with  them?.<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allaah.\r\n<p>Firstly:&nbsp;<\/p>\r\n<p>We      praise Allaah for having enabled you to adhere to the path of guidance and      righteousness and we ask Him, may He be glorified and exalted, to grant you      more of His bounty.&nbsp;<\/p>\r\n<p>Secondly:&nbsp;<\/p>\r\n<p>The woman should endeavour to marry one who is religiously committed and of      good character, who can protect her and take care of her, and enable and      help her to practise her religion, as well as help her to raise righteous      children in accordance with the principles and morals of Islam.&nbsp;<\/p>\r\n<p>The Prophet  (peace and blessings of Allaah be upon him) said: &ldquo;If there      comes to you one whose religious commitment and attitude pleases you, then      marry [your female relative who is under your care] to him, for if you do      not do that, there will be tribulation on earth and much corruption.&rdquo;      Narrated by al-Tirmidhi (1084) from Au Hurayrah; classed as hasan by      al-Albaani in <em>Saheeh al-Tirmidhi<\/em>.&nbsp;<\/p>\r\n<p>Thirdly:&nbsp;<\/p>\r\n<p>Marriage is not valid except with a wali (guardian), and a woman has no      right to marry herself, because the Prophet  (peace and blessings of      Allaah be upon him) said: &ldquo;There is no marriage without a wali.&rdquo; Narrated by      Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from Abu Moosa      al-Ash&rsquo;ari; classed as saheeh by al-Albaani in <em>Saheeh al-Tirmidhi<\/em>.<\/p>\r\n<p>&nbsp;And he  (peace and blessings of Allaah be upon him) said: &ldquo;Any woman      who gets married without the permission of her wali, her marriage is      invalid, her marriage is invalid, her marriage is invalid&hellip; and if there is      any dispute, then the ruler is the wali of the one who has no wali.&rdquo;      Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed      as saheeh by al-Albaani in <em>Saheeh al-Jaami&rsquo;<\/em> no. 2709.&nbsp;<\/p>\r\n<p>But if the wali refuses to marry the female relative under his care to a      compatible man with whom she is pleased, then he is preventing her from      getting married and guardianship passes from him to the next closest male      relative on the father&rsquo;s side.&nbsp;<\/p>\r\n<p>Ibn Qudaamah (may Allaah have mercy on him) said: What is meant by      preventing her marriage is preventing her from marrying a compatible man if      she asks for that and each of them wants to marry the other&hellip;&nbsp;<\/p>\r\n<p>And whether she asked to get married for a mahr (dowry) like that of her      peers or less. This is the view of al-Shaafa&rsquo;i, Abu Yoosuf and Muhammad.&nbsp;<\/p>\r\n<p>If      she wants to marry a specific compatible man, and he wants her to marry some      other compatible man, and refuses to marry her to the one whom she wants,      then he is preventing her marriage.&nbsp;<\/p>\r\n<p>But if she asks to marry someone who is not compatible, then he has the      right to refuse that and he is not regarded as preventing her marriage. End      quote from <em>al-Mughni<\/em> (9\/383).&nbsp;<\/p>\r\n<p>Because guardians usually prevent marriage in such cases, there is nothing      wrong with the woman referring the matter to the shar&rsquo;i judge, who may then      ask the guardians to do her marriage. If they refuse then he may do her      marriage himself. The Prophet  (peace and blessings of Allaah be upon      him) said, as in the hadeeth quoted above: &ldquo;and if there is any dispute,      then the ruler is the wali of the one who has no wali.&rdquo;      &nbsp;<\/p>\r\n<p>Based on this, your marriage contract is valid and it is not permissible to      annull it, because the shar&rsquo;i judge became your wali after your father      refused to arrange your marriage.&nbsp;<\/p>\r\n<p>Fourthly:&nbsp;<\/p>\r\n<p>You have to honour your parents and treat them kindly, and uphold ties of      kinship with them even if it is only by speaking to them on the phone, until      they calm down and you are able to&nbsp; visit them, for parents&rsquo; rights are      great. Hence the duty to honour them is mentioned repeatedly in the Qur&rsquo;aan,      as Allaah says (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em> &ldquo;And We have enjoined on man to be good and dutiful to his      parents; but if they strive to make you join with Me (in worship) anything      (as a partner) of which you have no knowledge, then obey them not. Unto Me      is your return and I shall tell you what you used to do&rdquo;<\/em><\/p>\r\n<p><em> [al-&lsquo;Ankaboot 29:8]&nbsp;<\/em><\/p>\r\n<p><em> &ldquo;And We have enjoined on man (to be dutiful and good) to his      parents. His mother bore him in weakness and hardship upon weakness and      hardship, and his weaning is in two years __ give thanks to Me and to your      parents. Unto Me is the final destination.<\/em><\/p>\r\n<p><em> 15.&nbsp;But if they (both) strive with you to make you join in      worship with Me others that of which you have no knowledge, then obey them      not; but behave with them in the world kindly, and follow the path of him      who turns to Me in repentance and in obedience. Then to Me will be your      return, and I shall tell you what you used to do&rdquo;<\/em><\/p>\r\n<p><em> [Luqmaan 31:14, 15]<\/em>&nbsp;<\/p>\r\n<p>You have no right to cut them off, rather you must strive to calm them down      and put their minds at rest, and soften their hearts with money and gifts to      earn their love, and ask Allaah to guide your family.&nbsp;<\/p>\r\n<p>May Allaah help us and you to do that which He loves and which pleases Him.&nbsp;<\/p>\r\n<p>And Allaah knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-02-02T21:51:57.000000Z","updated_at":"2015-02-02T21:51:57.000000Z","language_id":1,"fatawacate_id":36,"parent_id":9111,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0639\u0642\u062f \u0627\u0644\u0646\u0643\u0627\u062d","category_slug":"","get_date":"2015-02-02"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/islamland.com\/eng\/api\/fatawas\/9112"}