#02 Fiqh of Family – Chapter on Guardianship in Marriage

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Hatem al-Haj

Channel: Hatem al-Haj

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spinoff from the loss of tomorrow sorted out.

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And I'm about to proceed. Today we would have the chapter

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on guardianship in marriage about budaya tanika for the chapter on guardianship in marriage, came up

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with it in the year 620 after he said in his book and on the on the nanika high level Ian, Messiah he the imminent muslimeen there is no valid nikka

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there is no Nika, which means here there is no valid nikka without le and two Muslim witnesses and two Muslim witnesses.

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That's a big issue. Right? So let's try to understand what what this what this is about. nanika levy well, Ian was muslimeen the Prophet sallallahu Sallam also seven Hadith reported by isodiol on

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mumbra NACA had to be paid his newly fennica Barton fennica fennica.

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Then the Prophet sallallahu Sallam said Phantom sabratha Moby, Mr. Holloman.

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And he said, Well, ah, dah dah, Rufus autonomy, what a human.

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So let's talk about this. So whenever a woman marries herself off,

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without the permission of her with a guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.

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If he can't see meets the marriage with her, then she will be deserving of the dowry or the mother or

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because of the consummation.

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And if they dispute

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that, is the woman hand in hand with a dispute over the marriage, then

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assault on or the authorities will be the will, of those who have no family, that they have those who have no money?

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What does that mean?

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So first of all, who considers it to be a condition in the validity of marriage? Let's let's put this in context. What are we talking about here? We're talking about when within which contest to contest their framework, are we talking about the really

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the framework of

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conditions of marriage, because we have talked before about the art of marriage? And we said the Arcana of marriage are?

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What are the Arcana of marriage

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to marriageable

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individuals, like a man and a woman that are marriageable to each other, that's the first pillar,

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proper and acceptance each job and offer and acceptance and the offer we serve needs to come before the acceptance? So these are the pillars and then what are the conditions?

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Okay, approval. Okay. So to take them one by one, the first one that we talked about is, you know, talk about specification, you need to specify the act of the actual woman that you want to marry, you can't ask God to give you one of his daughters. So you need to specify which daughter, so specification, and then the ballet and the shoot, and the approval of

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the groom and the bride. And then we talked about the breakdown of the switch ones need to actually give approval according to the form. And then we also said what some people add compatibility or equality as a condition but the vast, very vast majority consider the condition of resume not a condition of

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resume that's

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not a condition of validity. It's not a condition of his condition. It was resume binding Enos.

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And that's the very vast majority of people. So if we take the four conditions of validity that we talked about, then what are they when they should Guardian witnesses approval by the

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Bride and Groom with a breakdown that we discussed before and specification, specification or tie in.

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So now we are talking about one of these conditions and we're talking today about it whether you wish to the first thing that we wanted to address is the way the there is this Happy Saturday moment of Kodama started with usually in Mattoon, you don't have hobbies, but at the moment, Kodama in in the introduction of the Honda, he said, I will, I will cite or, quote, some hobbies

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for their Baraka and their authority for their Baraka and their authority. So, it's it's one of the, you know, random mountains that has actually had these coated in the map itself in the body of the map

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itself. So, he started by learning high availability in Russia, he actually did not call this as a hobbyist, but this is the the word and the valleys anyway, sometimes he does not quote them as a hadith he does not say the problem. So sometimes he does that come from such and such because of the Prophet statement, such and such, but sometimes he just uses the wording of the Hadith as the mapping itself, you know, so his, his mountain will be the actual wording of the hobbyist. So this hadith is controversial. The other hand is also a you know, is is more authentic Habiba is more authentic but it is still not definitive and transmission. All of the Hadith talk about the way they

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are not definitive in transmission. combined together. The idea is to talk about the overlay corroborate each other. So we are comfortable, the deposition of the majority is stronger in this regard. And who are the majority? That's the magic is shafa is 100. baddies, and what is their position? They consider the ballet to be a condition of validity. And it is not valid if there is no when a if there is no guardian. And who said otherwise. That would be the hafeez and a variant position in the Maliki Meza. Did they say they said that it is valid without lmia? What do we

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what exception Do they have from this? They say they talk about Medigap being revocable if they really came afterwards, and said, took them to court and said she married herself off to someone who is not compatible, not equal, not good. And that is why we do need to talk about that at one point. Because if he will take her and say, you know, she married herself to someone who's not compatible, then we do need to talk about what is compatibility so that the court can decide if she did or did not, if she takes the her father to court and say, he married me off to someone who's not my match, who's not a match and not a good match not compatible, not equal, then the court would have to

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decide what that means, you know, to be able to judge for her for for her father. So, that is in this context, we do need to talk about compatibility and equality and we will talk about it later. Hopefully today otherwise, next time.

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So then,

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then we have this hobbies there is no any character without no valid makeup without any

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shading or whatnot. They are two trustworthy witnesses. And we said that the transmission of this hadith is certainly not definitive. But some may say even it's controversial. The other Hades Hades

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is a very sort of comprehensive Hadith in this regard, because the Prophet sallallahu Sallam said, whenever they get married, what happened? So when he Cahaba, he said it's invalid, and whenever a woman marries herself off without the permission of her guardian, her, her marriage is invalid. Her marriage is invalid, her marriage is invalid, and then the associate accept but if they can't see,

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the Prophet sallallahu Sallam said, and if the consummated the marriage, then

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she will she will deserve her

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dowry, or her Saba

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because of the consummation, and if the dispute over the marriage, she and her guardian dispute over the marriage, then they can take it to the sofa to the authorities. Because this whole plan is

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that so fun is the value of those who have no way.

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Now,

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you know, that concept of wilaya

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is a concept that you do need to explain to people why does a woman need?

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And, and certainly for the believers, it is sufficient that the Prophet said that we're done. Right. And any believer really should, you know, actually, don't he,

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all of the talk about you know, the levels in this game that we talked about the marine diet, if you're just, you're not

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you're not actually involved in the whole thing, if you don't have that acceptance

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in your heart, if you don't have faith in

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in Allah and His messenger and whatever comes up from them is just and true. But I'm at kennametal, Rebecca Wadler, said confit bar quadlin filler. And word of your Lord has been fulfilled in truth and justice, that is truth in a bar, in whether in sort of the declaratory or declarative

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revelation, and in cam in the rulings the imperative

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revelation. So, unless we are comfortable,

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you know, you may very first just get there, before you think of them or even the second.

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So,

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so, it should be enough for a believer that the prophet SAW Selim said, but if you want to basically strengthen your faith, and if you want to search for wisdoms,

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men have greater access to men's world than women. And if someone

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sometimes people can exploit the naivety or the sort of imprudence of some younger women, and if she would have her father involved, you know, people who are compassionate people who are, you know, have concern for her well being, like her father, like her uncle, like her grandfather, like her brother, and so on. If she would have them involved, they will

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support her during this process. But not only that, they will support her during this process and figure out that man is truly good for her not but they will also support her through the process and after the process, if you do want the father of the girl to be comfortable with, with groom, because this relationship is not just only a relationship between two individuals, it's a relationship between two families. And if the father of the bride is not comfortable with the groom, do you expect that there will be harmony between the two families or certainly not. So the concept of what is a beautiful concept and it is installed in the system, in the legal system, for the protection of

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women, for the well being and the protection of women, it is not to subjugate them, it is not to subdue them to the authority of their fathers. It's not for the patriarchy or like,

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the Muslim community or anything, it's just, it is a it's a beautiful injunction for the protection of women, particularly younger women.

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So anyway, so that's, that's the, the, the breakdown of the positions and in terms of the weather, would I and that is

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basically the wisdom and there are many other wisdoms, you know, in this particular legislation. What if a woman marries herself off with the permission of her guardian? Is that married is that marriage valid?

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Because what does the police say? Whenever a woman marries herself off without the permission of her guardian, her marriage is invalid invalid invalid.

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What if she married herself off with the permission of her guardian? That

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that's the weaker position in the 100 emails a bit still invalid

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according to the dominant position in the confetti method, why because she shouldn't be marrying herself off in the first place

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the head of human mohalla for

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them of human Mahadeva divergent application and this Hadees you know, what divergent application means. So, when you When, when, when, when I tell you when, when the when

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when Hasson and Alma

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when Hassan and Omar come in, let has an end.

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What does that mean? Don't let our armor in that is the diversion implication of human Mahadeva Okay, so divergent implication of this Hadees.

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Whenever a woman marries herself without the permission of her when a marriage is invalid, divergent implication would mean What if she marries his father with the permission of overwork, her marriage will be valid, but the bouquet but the there is, there are other reports where the Prophet sallallahu Sallam said that

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a woman should not marry herself or should not marry someone else off another woman off.

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So the presence of the well they they're really conducting the marriage is necessary, according to the man to the other hobbies to the statement of the other hobbies. So should you give precedence to them at home and Mahadeva, Oregon to he should give precedence to the statement of the other hobbies. So that is why in the Hanbury method, the marriage is still invalid, if she marries herself, even with the permission of her Willie.

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So let's talk about practical issues here when it comes to the way one practical issue is.

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What if she does?

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What if she gets married without the permission of the valet, and the marriage is consummated and the half kids? What are we going to do with this case? So the majority said, since the mango hanifa said it is fine.

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And he is a Mustang at the ma'am. Therefore, we will have to make considerations here for for for that we believe it is invalid, the majority said we believe it is invalid. We believe that any judge that has basically authority in any jurisdiction should have all those marriages repeated.

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Because it's an invalid marriage. But since email, honey has said it was valid, we will make some adjustments here, we will accept the paternity of the Father in this case.

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So or the reality of the children,

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their attribution to their parents, and we will not consider this to be zero. So there will not be punishment for them.

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The only thing that we will do actually, if you have a judge, like a judge that have within their jurisdiction, someone gets married. Without our lay, they will have that marriage repeated. Now, what if you want if you're here in America, and you have a two people go who got married, you know, someone downsells gotten married without a where they, they came up to you, and you happen to be, you know, the rare stuff. Hmm. And then central jersey, I guess.

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And they told you so what can we do now? So do you tell them repeat it?

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You're looking at it, you do not tell them repeat. Because you don't have jurisdiction here. You're just an email, you know, like, don't be delusional here, another party here.

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You're just replacing the party in a limited capacity in a very limited capacity. But you're not a real party. You don't have authority. You don't have jurisdiction. So just wake up.

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Somebody got married to like non Muslim woman. And

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she's not she's not Muslim. She lived

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Then she doesn't apply all these rules. And she basically doesn't believe in

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the

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we're coming to this we will talk about, talk about the way in this case and what are.

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So that's, that's another practical point that we want to say. So, another practical point is what another practical point is what if you are the chef?

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What if you are a man and two people came to you to get married and there is no le

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what should you do?

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Tell them to bring away

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but first don't become aware they turn them to turn them where easier when they

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immediately become the

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where is the where they how can we get any I just try to be assertive about it be assertive about the way he is important, you are actually sort of causing a lot of harm by not involving the father of the girl in the marriage. So be assertive about it the Amanda there would be a really, in case you fear that they're going to go back

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home together because they are actually coming from their home

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together and you're afraid that they're going to go back to their home unmarried to get married? Because what would be the what would be the sort of the LEA the the lesser evil than this scenario? to just go back on married to their home? Or to get them married?

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Certainly to get them married, but then you have the man that that there will be our day and if the wedding is not around, what do you do?

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You call them up and you know, you verify that they are they will even call them up and then in this case, I prefer that it does not happen over the phone contract does not happen over the phone, but the way you would give

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power of attorney or agency power of attorney to someone when you walk in to give work out to someone so that the whole contract with the ceremony would happen in person

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because what color over the phone is better than marrying someone over the phone. Okay, so

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the these are the practical issues that we wanted to address. Then the sheikh said Well, I will announce because we did a boo boo and Allah has another new

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seminar

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that he has an article

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about, he said is

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the one who is most entitled to marrying.

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Okay, before before we get there, could we did we skip to the shading, the sheikh said there is no valid kneecap without our lady and we talked about this and then he said and to Muslim witnesses, to Muslim witnesses, to Muslim witnesses, they need to be to male Muslims according to the majority. But according to the HANA fees, and one position in the Hanbury madhhab one men and two women can do one man and two women can do but the majority said they need to be two male Muslims. Because this is about, you know, protecting

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that marriage and protecting, you know, you want people who can actively, you know,

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if you could call them back, you could to confirm the

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marriage and

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also to protect a woman from any denials in the future. So you want people that can be actively involved

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to protect against any, you know, potential of denial.

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And we have seen denials take place, particularly in our communities. We have seen people who deny that they were married, we've seen people that who got married and then ran away to a different state and just evaporated. So you want people to be actively involved. So that's why the is

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the need to be to males but any man behind if and when

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position in the Hanbury method said a man and two women would do.

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And we talked about that before, so we don't need to repeat this. We said she had an announcement to witnesses and announcement. It is best if you have both two witnesses and announcements, right? You will be fine. According to all scholars, no witnesses no announcement. It is invalid. According to all scholars,

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to witnesses, no announcement to witnesses, no announcement is valid, according to all scholars, unless there is collusion to keep it secret than the mathematical say no. And that's also important than Barry Meza. He will say, No, if there is collusion to keep it secret. So announcement, no witnesses,

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a medical say, Okay, good, fine. The rest would say, invalid. Okay, so we're done with the Shahada part, then the she accept that you've talked about, you know, who would be that were they, the one who is most entitled to marrying the free woman of his her father, and then his father, and so on, then her son and his descendants, then the closer of her paternal relatives, than the one who freed her than the closest of his paternal relatives, then the Sultan, then the solta.

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So that's about and it goes. But you remember, in the US about, we said, Who's the strongest possible?

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The son, remember from the chapters of inheritance, here, we will flip that we will make the father stronger. In miraz, the son is stronger. And without the nigga, the father is stronger. So father, grandfather, and so on. And then it goes down, son, and then grandson and so on.

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Yes, well, they based on the Hanbury method,

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because that's not as controversial, that is not an all in all them is that rather is stronger than the sun. The son actually doesn't marry her off, but in some

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that we're just focusing here on the hungry hoarder.

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So the the father would go first, the son would go second, and then

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about how we'll be what, the brother? And then what, then the children of the brother, and then the uncle, the children, the uncle, the more remote uncle, that she doesn't have any answer. But then if she an emancipated slave, then the person who freed her they said, and there are some of the loss of the person who freed her, and if there if not, if not, and actually this is like, the this is a very good point into

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the discussion of freeing and emancipating the slaves.

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That is the law, which is this allegiance, between the slave and the person who freed them is actually part of the integration, part of the integration of the slaves because integration is important after assembly after emancipation. Okay, so then they said for the Accra summit, Accra phenomenon salvati from Sudan and then the Sultan, the Sultan is

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the way of anyone who does not have our

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facilities will take care of anyone who does not have already, and also has the headset, finished as a roofer. So finally, you melodia if they dispute, then the sopin is the one of those who have no la. So if she takes her father to court, so that's part of the, you know, protection of this system is that a law did not give the father absolute authority to do whatever he wants, we will talk about that we will talk about the one who unjustly prevents his or her marriage. But if she takes her father to court and said that he's unreasonable, and these are them and and so on, or that he married me off to someone that is not

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that's not suitable, then certainly that she can take him to court, though. The guardianship would be terminated by the court. And in this case, it is controversial.

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Whether it will be transferred to the next one, a four will be taken over by the Sultan transferred to the next one, or taken over by the Sultan.

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Then the sheikh said, well, wikidot kulula, hidden wiki, Luca, Luca hadn't been here kuhmo mahkamah, who the agent of each one of those of those acts on his behalf and takes his position. So basically, if you have, if you have our key, like, The Guardian will give power of attorney to someone

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to marry his ward off, and the groom can give power of attorney to someone else to marry his ward off, both of them can give power of attorney to the same person.

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So you are the king of the groom, you are the king of the guardian. In this case, you will say and you don't need it. In this case, this is one of the cases that could be used as like sort of tricky questions.

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That's the case where it's applicable is not needed, if you are so you say I watched for and I've been to Poland to Poland

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and that would be it. I give this Girvan marriage to the person and you do not need to accept because you are the same person. So anyway, one question on it could be male or female that you give a new credit to

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only male made because the female cannot do it. And Salatin cannot do it near button if she cannot do it. You know,

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even though she can't divorce yourself, but it is the case that the husband gets worse herself. She She wouldn't need this case there's no Well, he is he's given her authority that is only between her and him

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in any case,

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so but this in this one, she would not be able to do it

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to come back to the marriage.

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Then this except what I said is we do about now do that our current Minwoo inlandia qunar Serbian laclau McCarty family Dini Arden, Allah Allah even labeled and by either it is not permissible for a more distant relative to marry a woman off if there is one who is closer, unless the closer one is a child, insane, or a different have a different religion than hers, if he prevents her from or if he prevents her from marrying a suitable person without a legitimate reason? Or if he is absent for a long period. So the more distant to LA you cannot so a woman, for instance, who has a father and a brother,

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can the brother marry her off? No he can. The father is the sort of the more deserving were they in this case? A woman who has a brother and an uncle? Can the uncle marry her off? No, he can't. You know, can the brother

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give power of attorney to the uncle first? Certainly. And that is what usually happens in Muslim countries because you're not going to get like the 17 year old to marry her and the presence of the uncle

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to marry her off in the presence of uncle so what the brother will do then you the brother will pass it on to the uncle. It is fine that 17 year old it's fine. I'm just saying that courtesy no to the like uncle they they wouldn't do it.

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But but but, but that is not.

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But the power is still in the hands of the 17 year old brother.

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In an eco civilian house era largely accepted he's a child insane or have a different religion than hers, charged or insane or a different religion than hers. And

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religion than hers. He will not be her when he

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Baldo home how many Obama and the believing men and women are the idea of each other.

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Hello Robin Allah. So what does that mean? When does a person become

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happy if he

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has if he bars her from marrying is suitable or a compatible candidate.

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If not, if he's not suitable then he's not bothered. Whenever they disagree. They go to court

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Go To Court. And if the court finds and then it will depend now on the definition of suitability in

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that court, how do they define compatibility suitability or sort of equality? Yes. Good question, go back to the same religion, how does she choose, she's a convert, how does she choose?

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If she as a convert, then she can choose, she can choose

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anyone from the community.

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In our particular case, you know, in a Muslim country would be the authorities. But in our particular case, you can choose anyone from the community, I always urge people to choose someone who has some significance, you know, not just anybody, but you know, the people who have observed have some degree of formal significance in our community are the members of the massage,

00:36:03--> 00:36:43

not the scholars, you know, not a freelancing scholar, the amount of the messages that you can go back and say, the Imam of and particularly the bigger massage, that would not be, that would not would have not moved in two years. You know, so the Imam, I went to the Imam of icpc, the amount of mercy that will lay the man pious CJ, the amount of MC and J, whatever mustard that is really an established method and the amount of that mastered, she can always go back to that method, even if the amount moved. There is some degree of legitimacy here. It was the amount of that mastered.

00:36:50--> 00:36:52

Even now, he is not because

00:36:53--> 00:37:04

because they are of different religions. So what do we do in this case, we bring him in and make him involved and you know, he'll be happy enough, we'll make we make sure that he's happy enough.

00:37:06--> 00:37:27

Yes, we just bring him in and make him involved in everything. But in actuality, for the validity of the contract, there is someone there is a Muslim marrying her off. But certainly you bring in the father and you just make him as involved as it gets, you know, totally involved in the process.

00:37:32--> 00:37:43

Even Hi, bitten by Cory, he's absent for a long period and then when I would be transferred, the layer will be transferred to the next in line.

00:37:44--> 00:37:46

What does

00:37:47--> 00:37:48

that mean?

00:37:52--> 00:37:54

He is traveling, okay.

00:37:56--> 00:38:00

But what does hypervisor mean? What you know, when is it a

00:38:03--> 00:38:30

situation depends on sort of the norms that are off the customs, because that which has not been defined by the shadow or the language should be defined by the ORF people's norms, customs norms, so it depends. But nowadays, with telephones and everything, you could always reach out to them and talk to them and so on.

00:38:31--> 00:39:31

But what if it happened and she got herself, you know, a one, one of her father LDS married her off, is this valid or invalid? And how do you correct it? Well, according to Betty Meza, it is invalid, he repeated, but there is a position in the Hanbury method that it will be valid, contingent upon the permission of the closest when he or she did not she was not married without a wedding, she was just married with a woman that is farther away. So that position may be a more moderate position if her brother married her off, it will be contingent upon the approval of the Father. Not that it is invalid and we need to repeat it, but we will just make it suspended and wait for the approval of

00:39:31--> 00:39:37

the Father and if he approved, we will sort of carry on and not need to repeat it.

00:39:39--> 00:39:42

Then the sheikh said when I when I hadn't

00:39:45--> 00:39:59

attended any Muslim, if I cannot Sultana, I will say that there are no guardianship rights for anyone of a different religion except for the Muslim if he is a ruler or the master.

00:40:00--> 00:40:00

A slave woman.

00:40:02--> 00:40:19

So these are the two cases where because we set this upon is when a woman who discipline is the one of those who have no worry. So the Sultan will take over. For a non Muslim who does not have any.

00:40:23--> 00:40:34

If a non Muslim if a non Muslim girl marries a Muslim man, when her father be here, well, yes, her father will be here with a.

00:40:35--> 00:41:03

So it's not like we're excluding the non Muslim father from any contract. If his daughter is of the same religion, he wouldn't be here whether he would marry her off, even if the other party is Muslim. So he would marry her off to the Muslim husband. But if she was Muslim, and he was not then a Muslim or marry her off to her Muslim husband.

00:41:06--> 00:41:15

Then the sheikh said what inhabiters we'd already cigar in the Korean War nrcm we're gonna tee it up car back, it isn't him. Where's the hub boosted.

00:41:18--> 00:41:50

It is permissible for the father to marry off his young children, both male and female, as well as his previously unmarried daughters. without their permission has for a post monarchial balagia woman It is recommended to seek her approval, it is recommended to seek her approval. So now if they are young and young girl will be

00:41:51--> 00:42:37

less than nine people are pre prepared, pre pubertal. If they are young, we said before that the will allow the father at any age to marry off sons and daughters. It's not only the others, the son or the daughter to marry them off at any age. We said that the consummation will not take place until they are physically and mentally capable of handling marriage. Right? We're talking about what now allow the contract itself and the contract can be finalized by the father for their son or their daughter. at any age. It is flexibility that is given to people read the appendix on marriage

00:42:38--> 00:43:13

license. The appendices have not underpin these, but I'll send you the appendix on the age of marriage in Islam. Can the authorities come and Yokai to pay their respects to the permissible and put a lower age for marriage? I believe the authorities could do this, the majority of the scholars believe that authorities can do this. Well Islam that is that it kept things flexible. So in a marriage contract, can the father have a one year old child and this is probably can be can be

00:43:15--> 00:43:16

taken out of context.

00:43:20--> 00:43:22

But can the father marry

00:43:23--> 00:43:31

any child that was like a one year old child male or female to a 17 year old person?

00:43:35--> 00:43:35

Okay.

00:43:41--> 00:43:42

Because, okay,

00:43:44--> 00:43:45

okay, okay.

00:43:46--> 00:43:52

Okay, so Islam told you Yes. Does that mean Islam tells you do it?

00:43:54--> 00:44:02

It just, it just did not restricted. It left it up to your judgment. Why is that so bad?

00:44:04--> 00:44:05

it lifted up.

00:44:06--> 00:44:13

It is the area of off because you don't? Because then you would want Islam to tell you

00:44:16--> 00:44:20

a 16 year old that may marry someone between 18 and 22.

00:44:23--> 00:44:27

Right? Because so what if she's 16 and he is 35?

00:44:30--> 00:44:37

Or what if he is 16 and she's 35 whatever they are really in love, like he is 18 You know,

00:44:38--> 00:44:39

one of the singers in Egypt.

00:44:42--> 00:44:47

She, she, how old was she 70 something when she married this

00:44:48--> 00:44:50

20 some year old.

00:44:51--> 00:44:59

Can Can Can someone come and say this is an invalid marriage is none of our business. So the idea

00:45:00--> 00:45:01

Here is

00:45:02--> 00:45:03

it just left it

00:45:04--> 00:45:11

up to your judgment. Just use your judgment. That's all Why are you getting angry or upset? judgment?

00:45:14--> 00:45:20

When So anyway, so we're talking about the contract. We're not talking about the consummation here. Yes.

00:45:23--> 00:45:42

The issue of compatibility age is not does not really feature high on the compatibility issue at all, you know, ages, that compatibility is about many inches above about position, and we will come to compatibility. We're coming. It's coming, everything's coming. Yes.

00:45:49--> 00:45:51

Okay, we'll take that in consideration.

00:45:52--> 00:45:58

But we said that she does not have to approve if she's Yes. How could a two year old approve if we're saying

00:46:02--> 00:46:19

this is the contract, not consummation here? We're talking about the contract, not consummation. So a two year old with our boy or girl is not going to be able to approve anything. Therefore, their approval is not necessary, except for an assignment.

00:46:21--> 00:46:27

They said, No, they don't marry them off until they grow up and can approve

00:46:28--> 00:46:28

it.

00:46:30--> 00:46:47

Or not the most sort of celebrated orthodoxy. They are grateful. They're grateful. But they usually have their peculiar positions that are not really mainstreamed.

00:46:49--> 00:47:05

So but they have they were great, you know, in all honesty, but they had their peculiar positions. That's why the orthodoxy did not consider their positions always to be authoritative yet

00:47:06--> 00:47:12

Rama Rama mala at least today, you know, there this agreement would do it violate the judgment I guess.

00:47:15--> 00:47:21

So they said no, you can't marry them up until the grow up and they may and they can give approval.

00:47:22--> 00:47:23

Now

00:47:26--> 00:47:45

then the check said was the hub was the event. And as for the poster monarchial, to Malaga is the adult woman after balloon puberty, but puberty is a very tricky term. And I will send you the appendix on Hulu so that you could understand the difference between Balu has in the medical

00:47:46--> 00:47:52

terminology and the shadow a terminology and the current sort of usage

00:47:53--> 00:47:54

by people

00:47:56--> 00:48:10

whose habits are better as per the postman Arquette or the Ubuntu woman It is recommended to seek her approval, which woman that he's talking about, it is recommended to seek her approval according to the embodiment, she is big.

00:48:13--> 00:48:14

Which means Verizon

00:48:17--> 00:48:17

saiya

00:48:19--> 00:48:25

when mean, let's say five is non version I translated that I told you before as

00:48:26--> 00:48:28

not previously went.

00:48:29--> 00:48:41

But that is just the common translation you know, but if you want to adjust the translation to be somebody appropriate non version would be a better translation. So,

00:48:42--> 00:49:09

so this is non version, the workers version and we talked about the difference between between say, say, she becomes a pecan shop a secondaries, if there was vaginal intercourse at any point in her life before whether whether or not it was in America relationship. And according to the manifest and medikidz that would be vaginal intercourse in American relationship

00:49:11--> 00:49:12

or sort of

00:49:13--> 00:49:17

legal partnership. So now,

00:49:18--> 00:49:19

Persian and

00:49:20--> 00:49:26

nonverbal so the ham babies they say if she is young,

00:49:29--> 00:49:33

the honeyberries will say that if she is young,

00:49:37--> 00:49:45

the father will be able to marry her of the honeyberries will save she is maker and after puberty

00:49:48--> 00:49:59

after puberty, now let's talk about how after puberty, after puberty, she could be big or she could be okay she could be verbal or nonverbal. If she is

00:50:00--> 00:50:21

Non version, if she is non version, all of them would say her approval is necessary. Her approval is necessary. When if she is back, she has, you know, like an 18 year old version who have not been married before.

00:50:22--> 00:50:25

Is their approval necessary?

00:50:26--> 00:50:27

Not according to the majority,

00:50:29--> 00:50:31

they say used to have this.

00:50:32--> 00:50:52

It is recommended to seek her permission. We talked about this before. But we also talked about a moment ago hanifa saying that her approval is necessary. And we talked about this being another variant position in the Hanbury Meza, that was chosen by anything, yeah.

00:50:54--> 00:51:23

All of them said parent approval is necessary. And we talked about how it really sort of was very assertive in establishing the necessity of her approval. And he said that marrying her against her approval heartfulness audio the awkward It is, it is counter to also the sort of the sort of a Maxim's, or the Maxim's of Sharia the principles of study are,

00:51:24--> 00:51:34

and McAllister Liverpool, and it is counter to reason as well, how could you force her to marry someone and to have sort of conjugal relationships with

00:51:36--> 00:52:02

when you cannot force her to eat something that she doesn't like or dress in an attire, she does not like or drink something that he does not like? He also goes as far as saying, if the child rejects and refuses, that any of that the child would not be would not be a disobedient child, the blame is on the father, not the child. So, anyway,

00:52:03--> 00:52:06

this faulty position for

00:52:07--> 00:52:08

no,

00:52:09--> 00:52:11

yes, yes,

00:52:14--> 00:52:41

I gave him always a small t big, always a small t his positions are always small t and the small t is to make a distinction between the position of one scholar regardless of his, you know, his theme and capacity and position and the positions of the Messiah, because A is the method. So, out of courtesy to the mother, give him a small t.

00:52:43--> 00:52:45

So, the idea here is

00:52:46--> 00:52:55

the idea here is now we do like I particularly supported acquisition,

00:52:56--> 00:52:58

that that you have to seek her approval.

00:52:59--> 00:53:20

Can I support it with sort of confidence and faith and vigor? Because I believe that the Prophet every time the Prophet came across something like this, he he said, seek your permission. So it like and then he tried to he tried as as much as he could, he couldn't have been more explicit.

00:53:21--> 00:53:28

So they say for instance, that you know that the Prophet sallallahu Sallam said that when people say

00:53:31--> 00:53:34

min min Well, he will be equal to 17. Okay.

00:53:37--> 00:54:26

And that's good or Kara will be crew isn't? Matsumoto. So the prophecies that have said that the previous the married or non virgin woman has more control over herself than here were they? And that is why they failed. Okay. So the other one does not but the presence of themselves as for the big you should seek their permission. And then he is the asked him, How does she permit because she would be too shy to say I want to marry her. So he said to stay silent. What if she said no, I don't like him. Can he said proceed? It doesn't look like the profits. Because he said seven. Ask her permission. So they said that the processor and said isn't isn't as different from customer because

00:54:26--> 00:54:27

he said the same to

00:54:28--> 00:54:54

her. Sort of you asked her over there from her order. She has to order the marriage, but the big she hasn't been given permission isn't not ordered. And they said that these are different. But there's profit in other hobbies said the bigger to stomach the person should you ask her for their as well. And the said that the professor Silva meant

00:54:59--> 00:54:59

you know the

00:55:00--> 00:55:00

prophets of Allah

00:55:02--> 00:55:11

seven another Hadith, hallelujah tema to stammer the orphans, you should ask a prayer, you know, you should ask

00:55:13--> 00:55:24

her for an explicit approval to order the marriage, that's the orphan, which means that the woman that the girl who has a father

00:55:25--> 00:55:56

is a different by what of whom it was mohalla for divergent implication, if they are team, if you're saying they a team or you we should have her permission her clear permission then you are saying if she has a father, we don't need. But the man to condemn any other hobbies is very clear that even if she has a father, you do need her approval. In fact, there is a heavyset Muslim, where the prophet SAW some of them clearly said, well be curious. abou

00:55:57--> 00:56:09

and the version, her father has to seek your permission, and father, so she's not your team or anything. She's not an orphan anything her father had to seek your permission. We know that.

00:56:10--> 00:56:13

It was reported in many of these energetic,

00:56:14--> 00:56:54

came to the Prophet sallallahu Sallam angleman into the prophets of Southern and said that her father married her against her wish. So the Prophet sallahu wa sallam gave her the choice, the prophet gave her the choice. We know in another Hadith, a young woman came to the prophet SAW Southern and said that my father married me off to someone I did not like, and she wanted to marry someone else. And the Prophet sallallahu Sallam terminated, revoked her marriage from the one that her father married her off to, and he got him married to the one that she wanted. And that was also a young woman not to say, the same

00:56:55--> 00:57:12

is is the one that was reported on hotties conservativism, where she came to the Prophet sallallahu Sallam and complained that her mother father married her off without her permission, and the Prophet immediately revoked marriage. So time after time, he like

00:57:14--> 00:57:16

I don't know how we were able to.

00:57:18--> 00:57:24

But anyway, certainly the scholars and we have to understand that

00:57:26--> 00:57:28

this callers were certainly with me, and

00:57:29--> 00:58:15

we're certainly one meaning but there is something called the synthetic concept or the synthetic role of self consciousness, synthetic role of self consciousness is that you may understand things based on your self consciousness. And self consciousness is determined by what you know, according to philosophers who don't believe that we have spirits, the concept of consciousness itself is a very interesting concept. How do you have consciousness What is consciousness, but you could say that the we the people who believe that you have spirit, and that is where consciousness lies. But that consciousness itself of the spirit is made up of your experiences and memories and Europe, some

00:58:15--> 00:58:27

people even went as far as saying that consciousness is just like a group of memories combined to the memories, you know, that's it. So, so there is something called

00:58:28--> 00:58:39

self consciousness. And there is something called the interpretation. Sometimes, perspective, as I said before, is never completely neutral, transparent.

00:58:40--> 00:58:43

perspective, does affect the interpretation.

00:58:45--> 00:58:54

Now, does that mean that we could say that they were biased and we're not we're certainly more a lot more biased than they were certainly they were not

00:58:56--> 00:58:57

as knowledgeable as they were.

00:58:58--> 00:59:08

And we are not as biased as they were. So if you if you want to talk about bias, we are a lot more prone to bias than they were.

00:59:09--> 00:59:10

But

00:59:12--> 00:59:15

But it is true that there is some

00:59:16--> 00:59:31

you know, there is some impact does not mean that we do away with our sort of heritage and absolutely not. Many, many times things are explicit. And when there is a bonafide consensus then there is no question about it.

00:59:32--> 00:59:47

We can blame it on self-consciousness you can blame it on perspective, or outlook, when there is a consensus but when there is not a consensus, you may go back and say, well, let's see, maybe Mr. Mahoney was,

00:59:49--> 00:59:59

was right here and the majority were wrong. Because it seems that the the, the body of the body is the body of the text that we have

01:00:00--> 01:00:14

I happen to have these supports this position. So we not as we seek and execute. Furthermore, we think well of our scholars.

01:00:16--> 01:00:36

But we say that it is obvious to us that the position of a harmonica here was much stronger or strong enough to be to, for us to be close to certain of it. Never certain when there is a disagreement, it will never be certain. But we're very confident. Very.

01:00:38--> 01:00:42

This is the stronger position. Anyway, then

01:00:43--> 01:00:54

we did go over the breakdown. He wanted to break down now just asking about the team. My only question was the orphan girl should only be called a team until she reaches puberty.

01:00:55--> 01:01:17

From what I understand before that, I mean, after that she's no longer yet Timo. So she would still be her basically, her divine consequential leader before her, reaching the age of puberty. In this case, after she reaches the age of puberty, if she does not have her father, no one will be able to marry her off without her permission.

01:01:18--> 01:01:30

Yeah, and someone who does not have a father or the appointee of the Father will not be married off before puberty before

01:01:31--> 01:01:47

mature majority adulthood. If she is young, no one would marry her off except to the Father and the father's appointee. She is young, no matter what one merrier off except to the father or the appointee of the Father.

01:01:49--> 01:01:55

If she is old, no matter, no one would marry her with our parents approval.

01:01:56--> 01:01:59

Except to the father or the appointee of the Father.

01:02:00--> 01:02:23

So Young, no one would marry her off period, except to the Father of all the nomadic no one one Mary here without approval, except the Father and appointee of the Father. And according to the position that we just said, is the stronger position. If she is all, no one would marry her without her permission, including the Father.

01:02:24--> 01:02:26

And the appointed appointee of other

01:02:28--> 01:02:33

ways what I said I would recommend many humanities say you're in love isn't him.

01:02:34--> 01:02:54

It is not for him to marry the post pubescent sons or the previously married daughters, except with their permission, except with their permission. And we did talk before about the breakdown here when it comes to age, or it comes to virginity.

01:02:56--> 01:02:57

And we said

01:02:58--> 01:03:15

you know, the amount of money says that the IRA or the What matters is age, and emotion is what matters is virginity. And Mmm hmm. as Matt said, either one of them

01:03:18--> 01:03:51

would be effective. So for for the lack for the lack of need of approval. You don't need an approval. The lack of need of approval in msfa is what matters is virginity. She's version you don't need approval. She is not version you need approval. amount of honey for said What matters is a cigar. Qian gauge. She's young, you don't need approval. If she is old, you need approval. A mathematical amount myself, either one of them

01:03:52--> 01:04:10

will mean that you do not need approval. young age. Old virginity young age alone. You don't need approval. virginity alone. You don't need approval. It's not clear. Yeah. Because sometimes things could be different hero

01:04:13--> 01:04:15

has as we said. So according to the moments,

01:04:17--> 01:04:19

if she is

01:04:21--> 01:04:24

basically young,

01:04:25--> 01:04:26

if she is young, GaNS a

01:04:27--> 01:04:48

young dancer. Remember hanifa will say you don't need approval because age for him is what matter is not fewer. Not a matter of virginity according to the amendments. If she is older than the version, he says you don't need approval, but that's also the position of American that you don't need approval of she's all.

01:04:50--> 01:04:54

But if she's old and version number hanifa and the other

01:04:56--> 01:04:57

hand Tamia

01:04:59--> 01:04:59

also chose

01:05:00--> 01:05:09

That chose the Hanafi position which is an aeration in the Hammadi method, the old said, you do need her approval.

01:05:14--> 01:05:14

Okay.

01:05:16--> 01:05:20

Then the SEC said, Well, as I said earlier, as we do so here in one

01:05:22--> 01:05:22

direction,

01:05:24--> 01:05:35

it is not for any of the other guardians to marry off a young boy or girl, nor is it for them to marry off an older girl without her permission.

01:05:38--> 01:05:50

If you're not the father, you're not marrying golf, anyone who's young, you're not making golf, anyone who's old without their permission. If you're not the father, okay?

01:05:52--> 01:05:57

Well isn't to say you but color isn't decrease sumach the color

01:05:59--> 01:06:35

enough see Hemingway, Lee, Howard Baker, two stars and enough see how it isn't so much. For the previously married woman, her permission is given by verbal expression, the permission of the previous the unmarried is given by silence based on the messenger of a loss statement, the previously married has more right or self than her guardian. And the previous the unmarried should have her permission sought regarding herself. her permission is indicated by her silence, because they would be too shy to speak nowadays

01:06:38--> 01:06:46

probably need their active, active permission. It would be good if they actually wait for your permission.

01:06:49--> 01:06:50

But anyway,

01:06:51--> 01:07:17

so then the SEC said, Well, I said well, he says we do have your ad copy have evaded abohar. Okay, compatibility, I will have to defer this to the next time it's, it's a huge issue. So we should probably defer or equality or compatibility or suitability to the next time because there is a big discussion and we need to go over it in some detail. We have

01:07:21--> 01:07:22

to wait