Book of Marriage and Guardianship
Channel: Hatem al-Haj
File Size: 98.90MB
Episode Transcript ©
Transcripts are auto-generated and thus will be be inaccurate and at times crude. We are considering building a system to allow volunteers to edit transcripts in a controlled system. No part of this transcript may be copied or referenced or transmitted in any way whatsoever.
Smell often with lots of snow. So a lot earlier and something in order
Today we will talk about, we're still on the book of
the book of the cat, not the tracker maker, we told you before that the colors, bar and those who are alive, the way they used to write the books, the way they used to divide them, they divided them down into chapters into books. So because they felt that whatever it is, that is large enough to equal the book, even though it is part of the book, we'll still call it a book.
Because it should not be called just about or a chapter.
the book of a gaffe, it wouldn't look like a chapter to you. Because if it is just like, another chapter, you have like many chapters, and this is also looking like another chapter, but because it felt the big enough for people that are to call it keytab nica versus bad when it can be called the GW cap or the book of McAfee versus the chapter of the cap. And we're still on
he started the book of McAfee when talking about the ruling government cap.
Marriage, he talked about
the marriage being from Sonia mursaleen from the way of the messengers and then he talked about
and we're done with a fifth book that is called fit bomb and what is the sermon the Friday Sermon or whatever speech server,
we are done with that part and today inshallah, we will talk about the marriage contract.
And that is between the coordinator and the brackets, because this is the title, it's an addition for me and I as I said in the beginning, over in the preface of the book, that anything that is from me above the, you know,
top line that separates the main text from the footnotes, will be put between brackets and everything else is a matter of saying or the translation of his statements, anything that I add, will be put between brackets,
we felt that we should add subtitles just for the ease of reading and clarification. So, now, you will start to address the spoken form of the marriage contract or octagon
inshallah, he will talk about the
the pillars and the conditions of validity and things of that nature. They usually start when they talk about addressing the issue, they start by defining that issue, that is the definition of that issue. Then we talk about the pillars and conditions because those are the most important parts, the pillars and the conditions without which there would be the action will not be valid. And when they talk about other issues that pertain to it, you know, the visions and other issues that pertain to you can also sometimes put the division hafter the definition.
So here he will
start by saying Well, I'm happy to nikka ejabberd minute when he
put on catoca I was I watched up autoboot in Minnesota on eBay for pool COVID to watch.
So why Aikido nikka wha
an actor that means work
to be tied to tie so it will not be tied it will not be established it will not be valid Kanika
so the marriage contract will not be valid except in our
Every German related except with an offer
men from the Guardian
that is the Guardian calf will not be valid except with with the jab or an offer from it with a pool and catacombs. Watch the keyword set
pool. So, he would say calf Toka
cows words to count both mean I give you
my protege in a marriage or a very often my protege are very optimized produce a to you produce a means from layer
So, under my you know,
my relative who's under my guardianship, my daughter has a sister.
So, for Paul and catholicos I was still avoiding exams
accept or I marry
men from the husband, which
means husband to be
that he will say, to I accepted
how does it work, or I married?
Okay, so that is basically a spoken for how according to the amount of documenting shefali, if you don't say that very sloppy form, it does not really doesn't work, you have to say,
you know these words, particularly in the job, where the offer you say contract, aka the watch to come. So if you say things other than that, it will not count. We did say that.
It says here that according to
Mr. Malik, and it means possession because of me, I used the Germans have and take from the other example, whatever he felt there's transcend the in the positions of the other.
And then he will, he won't be able to find some report from the mathematics for the vast majority of the times that is consistent with the position that he chose. So the basically, the presence of multiple reports from athma give him that freedom to still work within the mascot, but taking the former position from other events, but when he found them to be stronger. So he felt that in this particular case, the position of Fatima Malik was stronger, that these words are not required. Capital can work as a watch, look at any word that is indicative of the marriage will be
what can and we'll be valid because there are profits of a lot of sound on Saturday, man who asked him to give him give him a marriage the woman who offered himself the profits last summer, when he sends out Virginia household I don't know how to give her to me in marriage, all Muslims are alive here. I'm interested in peace and love luck to kinda be my mark, I'm in a band, he said to him, I gave her to you with gopuram that you have, when he when he
said that I don't have anything except my exalt, which was my lord garment.
For the profits that we give out, if we don't walk without it will not work. Do you have any parameters? You know, that's the the level of poverty that the user experience.
So, he said to me, do you have any parameters? And he said yes. And the process of selling themselves, I would still like to be my marketing plan. So he did not say that what he said and electrica I gave her to you with with a parameter that you have with a parameter to memorize,
which means that the position of any mathematic is stronger here, than
likely stronger here.
You don't need those particular words. So, why did he
Why did I say that these particular words are required because these are the words that are indicate marriage in the brand, there is no other word that indicates marriage and
this is a sharp contract so you have to use the Charlotte terminology in this
contract all the firm's would agree that if you use those words, that's great, and it is better that you use those words. So, this disagreement at one point we get a little bit lost in those disagreements and we think you know, they said that is one of the they said that is not worthy but we forget that all of them agreed that this would be better, but this the and this would be valid according to all of them. So, what we try to do is we try to do that which is valid according to all of them. So, if you're out here you get yourself out of the controversy, because when you
say that these words are not required, they are not saying that these words are not good or not recommended or not valid, they're just saying that they are not required. So, if you have to leave that say these are good words that are not required and to a mouse say that these are good words that are required then what should you do you use those bloopers as simple as that but then if someone comes to you and tells you well we got married but I said such and such and it is not one of these two words and venues
for your marriages is valid if you believe that the position of the two emails said it's not required is stronger.
Okay, so what about the Arabic speaker
for dinner Arabic speaker according to Mr. mahama if he is incapable of speaking those words in Arabic Then he may say them in his language or her his language as the guardian of the room also, you know, this this issue is mainly pertinent to the offer not the acceptance the job which was the offer from the Guardian, not the acceptance anything indicative of the acceptance is okay. So whenever you say anything compared to
anything else more often
in the dialect may
be okay anything indicative of acceptance is okay. But what we're talking about because because that party had already specified what we're talking about he specified that we're talking about and Capricorns are what I give you protege marriage so now if you show acceptance is fine.
But going back to the to the disagreement over the exact wording of the contract, we're done with the Arab speaking as we said the two events that require these tours are required, but they're not required. But for the non Arabic speaker
you know, the good news is that the amount
plus amount in a band he also signed up here when he found that his position is stronger. so that they could they could conducted a marriage contract in their own language without harm whether or not they speak Arabic whether or not they can say those words in Arabic it will be conducted in their own language, there will be no harm.
So okay, in any
and the front end position of the development is that it is not okay. If you don't have to stay in Arabic.
Since these are the words that are mentioned in the program, that indicate marriage and perhaps you have to adhere to those words. Even if you're not allowed to speak you know, speaking about you can say those words in Arabic Then you should say them in Arabic because these are the words indicative of marriage and perhaps marriage is a shoddy contract is therefore required to speak it in the Shawnee terminology.
That is basically the discussion over the exact wording and we said that it seems that the stronger position and all of this is the position of the amount of money from said that you don't need the exact words whether or not you speak Arabic anything that is indicative of marriage that is Indian understand understood for understandable to me in marriage
Okay, the bearers and the conditions of marriage this will be important than the rest of this point, the pillars and the conditions of marriage whenever you need to validate any contract, you need to have to fulfill the pillars of that contract and the conditions that are can or should or can pillars, conditions through these should be fulfilled in any contract. In order for it to be valid, what is the difference between
condition is the
condition should exist prior to entering into the contract.
It's okay but there is a better way to say it, because conditions will not have to exist prior to but they are extraneous to the substance of the Act, they are not an integral part of the substance of the Act, but they don't have to exist prior. So, you have to continue to face the paper in order for yourself to be valid right facing the fibula is of the truth or can conditions not the pillars because it is not part of the survey itself it is not an like an integral part of the actions of the salon. So pm What are they accountable salon pm to stand up you know there is a nation of attempting to do the record these are the pillars of the saga these are the part the pieces for which the saga
is made can is to have to do and have
to be clear of madrasa and face for the time to have you know come in over the summer sort of commencement of
ritual purity and so on. So you find that the conditions are not pieces of the slide itself they must exist for the salon to be valid but they're extraneous to the substance or the essence or the subject matter of that salon
Okay, so that's the difference between our can and should often remember them from the salon because they're very easy to remember
you know the conditions are loud parts of the somehow they're not things that you perform within the salon as part of the salon but you must have them You must be you must have ritual purity, and continue to have the ritual purity in inside the salon continue to face the peddler your garment should be clean. So
no, that's not our cat. Our cat would be configurable pieces of the act itself, they are pieces of the subject matter or the essence react itself. So insula, insula
is having a garment that clean garment, pointing to the salon is covering your nakedness part of your salon, but it is a condition of validity. without covering your nakedness your salon is not valid.
However, standing up is part of the saga reciting in fact the highest part of the salon report as part of the salon. These are corners
or pillars of the Act.
But to you know to cover my nakedness is a condition but it is not part of the soul. So, it is a condition another pillar.
So the errors are in terms of the marriage contract, the parent, what are the pillars and what are the conditions the pillars are pretty much agreed upon in the marriage contract what how, you know what what makes a marriage contract What is it comprised? What makes a marriage contract. What makes a marriage contract is to have to marriageable, to marriageable individuals. That is like a man who was clear on minor or hindrances from getting married to this particular individual, and a woman who's clear of all hindrances my way and hindrances of getting married to this particular man, meaning the woman is not an Arabic,
The man is not married to four women that he's married to, for a woman, he has hindrances from getting married, if the woman is in her waiting period, she has hindrances from getting married, so you have to have to marriage
You have to have to manage individuals who don't have any hindrances. Now, from getting married.
You can ask me, why is it that the Guardian is offering and the groom is not the one who is asking for,
because they consider that to be like a given. We're not here to begin with, except,
you know, after the groom showed interest in getting married. So since it isn't given, we start from the offer, and then the acceptance, which is a confirmation, because we think out that one step
because if the groom asked for the bride's hand, or to get married to the bride, let's say the groom asked for the bride,
then the Guardian would say, I give her to you in marriage, the groom will still say accept for confirmation, because the first time he did not
right, he just asked, convinced, okay, I give her to you. He still needs to say, Hi, you married her, I take care of marriage, I accept. Why because the first time he was just asking for an ham. Could he asked for help, and Ben does not married her here as possible. So instead of making three steps, they just made it two steps and we took the two necessary steps to be in but but is it you know, it will look very awkward. To some people let the groom ask for the groom to say Give her to me in marriage, The Guardian will say how to defer to in marriage, the groom will then say how to accept her marriage. And don't feel too
awkward about it. But the two steps, these are the two steps that are necessary. The Guardian offers the groom except why because it isn't given that the room is asking for help. So we don't need that step. We drop it.
Okay, so the pillars Okay, so now we're we're still talking about the pillars and we said that you have to have two marriageable individuals, and you have to have the job and so that's it. Those are the pillars of marriage to marriageable individuals, offer and acceptance to individuals marriageable to each other offer and acceptance were done as far as the pillars of marriage. So you could say that there are four pillars you could say that they are two pillars, you could say that the two marriage tools are one pillar and then the Seahawk or the four of the spoken form is the one pillar or you could say that the chapters that are complete is a pillar
that is measurable is a pillar. pillar enterprise is a pillar that's four pillars. What are the conditions
the identity or guarantees
Can we set the conditions are essential for the validity of the active of the integral pieces parts components of this.
So, what are the conditions of the validity of marriage?
there are many
you want to save a sofa
it's an obligation
but what else
the approval of the groom
okay and the postpubertal bride
the approval of the groom by
agreement and the prosecutor periodical brown bright okay.
So, what is the approval of the groom and the postpubertal bride is a condition when we already have a turban
we already have an offer and acceptance we already have this as part of the pillars, why is it mentioned in the conditions the approval the acceptance of the groom and the bride
because, the contract is
because the German proposal could be done without the acceptance, it could be compelled,
they could be deceived, they could be anything. So, it is but since that is the the intention the intention of the heart is not a component of the contract, it was made a condition not a pillar
you have eternal. So, if I see this scenario I have to marriageable individuals have been the guardian of the bride offered to the bride to the groom and the groom accepted
technically, this is the this marriage fulfill all the pillars right. But in order for this to be valid, you have the condition of acceptance or approval.
I will go over the conditions in just some some more detail. So, the first condition is the conduction of the marriage by the relay on behalf of the brothers aid or the bride.
So, the way
you guys get the Cabrini green marker in the back or the blue as well.
The well a part
we will discuss this in more detail, but briefly, this is according to
m s. a. This is a condition of validity according to Malik the Maliki welcome in the popular position because Malik has another position
cirFairy Muslim and
it is not a condition according to FEMA
less popular position in
the world he is not a condition and we will go over the value of
The second part of today's session
the value is the Guardian, you know, the Father, the Son, the brother, the uncle, etc. And we will come to the details of this issue of this discussion. And we were saying why does Islam
require nobody? Or even according to our honey for the value when we have some authority afterwards, if she gave herself in marriage, as someone who was incompatible than double A, you will have the right to complain. And the court. So if I'm not taking the right of the will a completely away from him. He's just saying that it is not required at the time of marriage. But then he will give him the right for them. That will Yeah, docile, the closest male relatives with give them the right to go back and complain that she gave herself in marriage to someone who was completely incompatible.
Remember this story about why the Fed is not basically taken the valets right away from him completely, it's just not making it a condition, his approval is not a condition at the time of marriage.
The witnesses, this would be
a condition of validity according to number one.
Here's the phone and email
and the popular position.
The popular position is not a condition of validity according to Eman Malik
So plus means the the agree minus means they don't take another position.
So you may wonder, and we will come to the discussion of this issue in detail as well in the second half of the session, but you may wonder how come you don't need witnesses alchemy wants to know,
approves of a marriage without witnesses like secret marriage?
Because he doesn't approve of secret marriage?
No, it's not just the way it requires a little bit more than that.
Accordingly, mathematically requires announcement.
Which is basically public announcement, which is more to me it's more of a
is not likely requires public announcement. So to him it's either or
either the witnesses or public announcement, but public announcement will suffice for Mmm.
of that room
is a matter of consensus of someone who was compelled to marry a certain woman,
that's the symbol of consensus in the book.
Someone is built in a sense woman the marriage is not the postpubertal girl.
Was she married before
Right, was she married before that is called failure
or Vic, which means version
basically means virgin. So what is she saying or not failure.
if c is failure, then approval is a matter of consensus as well.
If he is bigger than her approval is not a matter of consensus, but it is required by Nando hanifa
in a second position, that cannot be called less popular, so that's why I have capital A and then number two, because whatever there are two positions that are competing with each other and
you know, I do use the small bar I just use the capital letter and when I have it number two
and then this was the choice of it.
as well, this was the choice they made from Hyundai Mazda. So, for the larger companies, the choices that they made will be once in the mouth not because he wants to do he is from the people with credible positions in the method people who can have a credible position to help to them.
So, that is that is that and we will come to, you know, we will address this issue in some detail, because it may be surprising to some people that the acceptance of the version postpubertal version, right is not required, according to some of them as I have, we will address this issue in some detail. And so,
so, having, you know, gone over the conditions of validity and the pillars of marriage, how could you have a perfect marriage, that is valid, according to all of the scholars, and I put this here, you will be able to read it in your notes, but I'll read it from here. So, here is the form of marriage, that would be valid according to all of the scholars, if a wedding, same adult, just Muslim woman who is unmarried, cannot get a waiting period was conditionally married off by her wedding, legally competent, save about Muslim guardian to same about just Muslim man who has less for women in his marriage bond. And both the guardian and room mentioned the words of Nikesh, or is
aware of the bridal the hour, in the same gallery, quite common to trustworthy about Muslim men witness that kind of without preventing them from announcing the marriage, preventing the witnesses from announcing the marriage.
When the marriage will be valid, according to all of us Congress, you think it's too much, that is almost always what happens between Muslims. So many of these things are just like added words, because it's saying, Who a crazy person will not be certainly will not be overseen the marriage.
Or so it is
about most likely the farmer will be in a boat
with things like that, so you have a lot of these conditions.
But it may sound a little too complex, it's not really too complex. This is what happens in the very vast majority of marriages, you will
also have a guardian that is present the two witnesses, they will not prevent the witnesses from announcing this because it has already gone in and out.
So, you know, there is no reason to prevent the Two Witnesses from the announcement.
In this perfect scenario, completely perfect scenario. Where is the amount that is officiating the marriage
does not exist.
You know, this is the first thing that people think of someone to officiate my marriage. That is the only thing that no scholar requires.
Ever, there is no need for any man
is here if you want to marry in some convoluted way, or some way that could be you know, questionable, have been insisted that email would marry you that is really too much here. So humans do not need to feel that their responsibility to get people married off because there is no such thing. Like getting married off as an email here. This is a very honest, loving, thought that you need someone to preside over your marriage. You need an email to preside over your event. Either I need an email to preside over your conversion, or your acceptance of Islam or your you know,
marriage or anything or your television or anything. You just do it. That's it.
Oh, there was another question here.
In this perfect scenario
about just one who was married or not
married off by her wedding, the competence thing about the Muslim Guardian two essay about just Muslim man was this, then for women and as marriage on in both the guardian and Google mentioned the words of Nick, and the private that are in the same gathering, when having to trustworthy adult Muslim men witness death and without preventing them from announcing, this is a very beautiful observation, because I will need to have this
now should be added because according to some scholars, I'm saying that this would be the perfect marriage reporting tool. And according to some scars, they require the approval of the bride, even if she is first.
Wait a second is a wedding same about just the Muslim woman willing, that is the approval of the bride.
That is actually the first word of the first thing I put on the statement. He felt winning same about just Muslim woman.
So the word winning would would suffice for the approval of the bride? Because if she does not approve it, she's not she's not a wedding bride. Yes.
Marriage, the man takes care of himself.
If the woman is not willing, if the woman is not accepting punches on women, right?
Know, in the beginning the first word,
it says if a wedding scene about just Muslim woman who's unmarried.
Okay, notice one thing in this marriage, in addition to the fact that there is no amount presiding over this marriage, because you don't need a man for
and you pray behind them and stuff like this. But you don't need a man not to marry you to accept your childbirth to induct you into a slam the best, you know, his blessings on you at the time of death,
and all of that stuff. But
the second thing that
I want you to notice here is that this does not have all of this. There's not enough documentation here, because documentation was not part of it. But it does not mean that documentation is not important, in fact that contemporary scholars consider documentation to be an obligation.
What's the difference between obligation and condition ability is that if
obligations are not pillars, so if the marriages are documented islamically speaking islamically speaking, this marriage is valid. But if they did not documented, they have Earth, snap sin, coordinate your position.
But many of the contemporary stars would consider it to be sinful, to not document the marriage, because it would result in to what
you Yeah, what's the price for one party or another? If the if the woman denies that she got married to this man, then she could take away his skills and if the man denies that he married this woman that he could run away and not spend on his kids and not take the woman or he doesn't have any financial obligations towards her and stuff like that. So it could result in loss of rights without recourse.
Okay, so I have Part A statement here from now we're done with all of this. I have a statement here that I will read. From the assembly of Muslim jurists of America consider concerning modern Media Communications, marrying sources
Were the second temporary issues
like Skype marriages.
According to the assembly procedures, so Americans family code in marriage can be contracted over the telephone on the condition that both the offering and accepting parties have more knowledge about one another. And about their witnesses hear both their statements, it's referred to their best take place using any other means of communication in order for the two contracting parties and the witnesses to communicate audibly and visually, that means what Skype
or, and similar applications because there are a lot of than others. When that is not possible, the absent party may delegate someone to perform the contract in his place.
So when that is not possible, it is better. Because of this, the money of the blind, according to the chef ladies does not count for this money without seeing it does not count. But the given part of attorney form counts. So if the father is in Algeria,
and the bride is here, and I have the groom here, and I have the two witnesses here, the father energy of the bride
gives power of attorney
for authorization to another man, another Muslim man here to get his daughter veered off to this room. And this would be better than him conducting the contract over for us in the unnecessarily complex marriage would be coaching them right? How far does he have to go? To make sure this person has actually been deputized by the father overseas?
He's just not someone that convinces them my father.
He can through talking to the Father overseas or having two witnesses have this authorization
because otherwise, they're heading off to marrying one
to two witnesses, what
two witnesses can result in the death penalty?
you need to bring another widget?
If you need to do this, that would be fine. If you need to authorize one of the two witnesses open to be fine.
So this is recommended according to Okay, so we're done with this quarter.
is not possible the absent party may delegate someone to perform their contract demonstrates that marriage cannot be contracted using email nor by text messaging due to the witness, not being able to verify the identities of its parties and the actual person authorizing another suffices the need without resorting to these things.
Okay, next November gun with this first paragraph
about the present conditions of my artillery examiner.
different conditions for
different conditions for non Muslim woman. We will discuss the these issues when we come to talk about the way because there are no different conditions for the woman marrying a Muslim man when it comes to the pillars. But when it comes to the conditions, then there would be a little bit of a disagreement over
the issue of the way and the issue of the witnesses. Whether the witnesses could be non Muslims are not the issue of the money. Yes.
says, Would you give me $1 for marriage? And the father says Yes.
Why would they say yes, I take her again? Because the first statement the groom made was a question. Does that question make any confirmation? Would you give me my euro dollar marriage?
Yes, I do.
where's where's the where's the acceptance of the groom? In this case? He only, he only asked him a question.
But he did not indicate assertively, you know, explicitly that he accepted this marriage?
Would you give me your laptop?
Does that mean that we there? You know, okay, we I asked you for the laptop? Would you give me your laptop? I'll make it even more clear. Would you give me your laptop for $100?
Now, if I stayed silent was was any purchase of done?
What do you mean by this?
Because if you're talking about transactions, that are financial transactions, that if you're not fit, the very act of exchange would suffice would suffice in place of the forum?
which is the exchange suffices for a contractor. If your staff ready? Does anyone have an issue with the vending machines?
It's a contract that is being made with non same
So some of us talk. But this is like a parent talking. This is not to say
But this is
keep in mind that we're not making fun of because the the scars are greatest of anyone sitting here and anyone in this town, our state, but
we're just saying that this would what would
impose some difficulty if you want to really be strictly following the position of the verb agreement in the marriage or in the financial contract has to be done.
What about the exchange of the woman from under the guardians layer to the
exchange, that contemporary scholars will find ways around because the vending machines have become commonplace now. So to be able to find a way around,
we have to be very careful and respectful. It is okay for us to
point out a few things. But we always have to be extremely careful and respectful because those are our greatest scholars are great, you know, this is our legacy. And we should be very respectful. Even if we say that one position is weaker or invalid. We have to do this. With all the respect that is due to all of those comments. Yes.
The woman from under the widow that you're asking
an exchange or transfer of
money back to the questioner asks and the Guardian accepts or agrees
we said that in like financial transactions, that's okay. Because of the exchange. Yes. So the exchange of the woman from under the day of the
a different type of contract is not a product
Can I reread this?
If the man says Will you marry me your dog? Right? And the guy says, Yes, I would I accept I want my dog to go home together. So that's as if he's assertively agreed. So he's asking would that be the case?
The tacit approval and approval of leg room? Yeah.
Look into it. Yeah, isn't
that doesn't count. If someone wants to look into it another
two please do
it would not count there has to be
an acceptance from the lack of verbal acceptance witnessed by the groom
a verbal acceptance by the room that is witnessed by to say about Muslim men.
Okay. So, next is the issue of football that harder and harder I will leave this because this does not require much
explanation, what is the speech that you will say to be for asking
for the ones
the football team.
And you have to work a lot to the football, Sol,
la, la, la,
la, la la la,
recycle, see versus a cup of coffee, welcome to leg counting simonia
aka, Mr header
to the end of diversity, everything I want to talk about. So the
it's the beginning.
Sort of he will say it before he asks for her in marriage, this whole other crowd is recommended according to
according to the vineries if it is obligatory, but this is a very
weak position, because we have certain marriages that happened during the process under the presence of the Prophet and he did not disable this. So that the marriage that happened when he offered himself to the prophet SAW Selim they did not do this.
When I was a loving home, I used to say Go Go and marry people, you know, enters seeds in marriages.
We have you know, some
some marriages that have been reported to us what happened in the marriage and he did not say this. So it is apparent that oranges predecessors did not always say all of this before they asked for the woman's hand in marriage. If you do this, it is preferred. It is recommended but if you don't prevent it is not required for sure.
waves to halfway around the gap you have
to fill in a set of dough for that. It's both
you could say both look for This
use the hub boom
used to happen is what
means what marriage?
Yeah, announcement of marriage. Well, DARPA
means what the Fed is
what you see in the picture, right? It is like
Yeah, we can say that for the, like I said, it's the drum that was
closed on one side open on the other side
can beat in the booth, the one sided drum
good men also do the dose. That's controversial. I believe it is permissible, but it is controversial. Some scholars said that the low fat is only for
our recommendation of
announcing marriage is according to all of them right.
Because the purpose of the Law Center
which means announced marriage, and this was reported by
another others from a belovedness of a kind, he said First of all, Marina Kalani was around for salt,
which means the distinction between Hassan Hassan in reference to conjugal relations is by beating the Duff and singing this was reported by mizzi from medical hazard, there may be said that it is possible
for slow possible means of distinction separation,
separation between genders when you said that was separation or distinction,
the distinction between color and Han
dope is the drum
was found his voice, which will mean your sentence.
It is a you know, the prophet has given examples, that it is not like if you do not beat the drum, your marriage is not valid, or your marriage is hard. It just means that hidden marriages are not
secretive marriages are not valid.
So that is why this Congress did not disagree over this issue, by the way, but the scar is set in terms of the the disagreement over the requirement of the
If there is both announcement and witnesses the marriage is valid by consensus likewise, in the absence of both is invalid by consensus and the absence of witnesses. But with announcement, can the absence of witnesses but quick announcement is valid according to can you mathematic as we said before, in the absence of announcement but with witnesses is valid, according to old, though this slide unless the witnesses are asked to keep it secret than it is invalid according to a number.
So the issue of announcement and witnesses here in mathematic, you know, is bigger on the announcement and then witnesses to him. If there is an announcement and no witnesses, it is fine. Because there are witnesses, but no announcement that is this like
but if the if there are witnesses and no announcement, and the witnesses were asked to keep it secret, the two witnesses were asked to keep it secret, according to the mathematic it is in depth
because it is still a secret of marriage and the profits of alimony gap announcement and the Prophet said foster the distinction between Hara Hara and both for southeast German sinking, which means that the distinction between you know
is the announcement is the public announcement of the marriage the marriage between public
according to the other scholars, they did not say that secret of marriage is alive. But he said two people are enough because they will never be able to keep it
once it is known to people
Which, which, which star word work are the ones? We don't need it.
The scholars that said we don't need the announcement or all this covers,
all the scholars did not require announcement.
Even in mathematic, he did not require the announcement. If you have two witnesses that are not asked to keep it secret,
this would count as an announcement to witnesses that are not asked to keep it secret with counters announced a mathematic would still dislike
that you did not have public announcement
would still dislike but when, when when validated, because you have two witnesses, and you did not ask them to keep it secret.
The rest of the scholars would certainly validated,
validated as long as you have two witnesses. So you either have.
So if you have the witnesses, and then the announcement, then the marriage is valid by consensus can always in your study effect, you have to always know the two extremes and work your way to the middle. From the two extremes, there will be always two extremes that are agreed on two extremes that are two ends of the scope that are agreed on, know those in any manner fit and then work your way to the middle where the disagreement happens. So where are the two ends for us here.
If the two ends, one of the two ends this
consensus, they have a consensus if there is announcement and witnesses, the there is a consensus that this marriage is valid.
There is another consensus on the other end, that is neither there is no announcement. There are no witnesses. There is a consensus this marriage is invalid. Work your way to the middle or you know, in words from from these two ends. If there is an announcement and no witnesses, announcement and no witnesses, witnesses and no announcement. Witnesses are no announcement. So witnesses or no announcement would be valid, according to all of them, unless the witnesses are asked to keep it secret, letting our medical sites invalid. And it's a position
as well, if the witnesses are asked to keep it secret
announcement and to witness and without witnesses that it will be valid according to email, men.
First of all, my main account
was so this was reported by Izzy and we said it is sound even though the narrator is uncomfortable hearted Mohammed Mohammed was a little tired when he heard this from the profits loss on them. If we may add some, you know, benefits from the cloud or benefits from these.
Then this may be a good opportunity to
talk a little bit about
survey for the reporting of the child
So you might have the survey is you know, 100 and 100 was a child here
because he said that this could be the sound so he's accepting the hubby's that was reported by someone who was a child from the province of Alaska. And this is the former position of the Hadith scholars that if you were at this if you were a discerning child, the sermon is different from discernment in other regards, different from discernment of judgment, discernment, and here is the discernment of comprehension, not judgment. discerning that discerning child, in general to the scholars means what likely someone who's seven or more discerning a child and hobbies that is enough.
necessarily be able to make a sound judgment, if you say, Serbia, Romania, so he gets to choose between his two parents, you know, and if they are separated or divorced Serbia, Romania is that the seventh child here, he needs to make a sound judgment, that is usually seven or more. Or it could be more, you know, if the judge finds the seven year old to not be discerning enough, this is the segment when it comes to judgment. But discerning a child and hobbies terminology is five years old.
Because here, the level of discernment that you need to exercise is not judgment, it is basically comprehension or reception. What actually are five year old child be able to remember what he heard from the Prophet sallallahu, alayhi wasallam.
If a five year old child to memorize the whole plan, which happened and continues to happen, up until now, then a five year old child would be able to remember
we haven't we have several reports of some of the largest predecessors memorizing the opera by five years of age.
In archives, maybe six would be the earliest, but six and seven is not really uncommon in our times.
But at any rate, why did he choose that number five, in particular, because
he said to
was the youngest one to report from a professor at the time, he you know, at the time,
there, there are two different ends for this there is the time of the homeowner time over the time of humbleness, reception.
So, when he reports that he needs to be about
after puberty, we will not take care of a child.
Because, you know, he's not competent to relate the hobbies at this point. But we take the hobbies that the child heard that the about sane person heard when he was a child
is clear. We will not think that he is someone who's not Muslim.
Right. But what if he heard that obviously he was not Muslim? And then he became Muslim? What do you think it? Yes. Okay, because you can trust him now that he is Muslim and adult. But when he heard that he was a child or a non Muslim, that does not matter. It's still fine. As long as when he's relating it to us now. He's Muslim, someone who never again was faithful, he said that, to me is what I
love his sermon or could remember or I could remember that means here I could remember or it is from hockey.
It because it will be because so so, so that from the Messenger of Allah, so I could remember from the Messenger of Allah sallallahu. I've met them not met half Happy Wednesday, matches what come out full of water.
That he's courted with his mouth and mouth full of water in my face.
So the Prophet was playing with.
It's five years old.
men down from a bucket. So the Prophet took like a mouthful of water from a bucket. And then he's corporative in the face.
So my mother says I remember from the prophet SAW stuff, a mouthful of water that he scored in my face.
And also to the water he took from a bucket that he scored in my face when I was
that will be easy to remember.
So because he said quite a while I have no concept when I was five years old.
This means what?
further scars, they stopped that,
you know, important discoveries and accepted that, you know, that means that this would be acceptable and so on,
which is a very authoritative book on how these terminologies said that this is the former position of the scholars that if you're five years or more,
you're capable of remembering what happened, you will only be able to talk to them to relate it after puberty, but you're capable of remembering what happens when you're five years old.
I want to say something here. I want to be very careful who was saying that because I don't want you to misunderstand the
episode to perfect and direct and text. I'll tell you what happened. What question I received.
Lately from someone who's interested in Islam, through like a website, a website that takes care of
like a chatroom, whenever they have
to communicate, I have several people from all over the world that communicate with people that are interested in Islam. So this fellow said that PR practice or
somebody someone Someone
said that quote,
and then the Prophet was in some reports asked about article time and he said, have gotten
so good evening,
a sudden habits
could mean vanish.
if if I translate this appeal about six
and then they asked him what is odd with venom? And he said, How can come from
Or like a mustard seed?
Like a mustard seed?
What, how big is the mustard seed?
It is smaller than a sesame seed. But is it still seen by the naked eye?
It is seen by the naked eye. The point here is that this film, was this close to becoming a Muslim, this can be stopped.
Because it can just
he couldn't have
You know, you should not be surprised if it's obvious the The problem is obvious. The solution is there. But there's good there is an obvious problem. Because if you bring someone
and burn them and crush them,
you will not have any mustard seeds remaining of their bones or any piece of their bones in the size of a mustard seed remaining.
how do you how do you comfort someone like this? Or who has this issue or problem?
How do you talk to yes
was by providing examples. And so the best example they could provide would be the public
That's the only thing that you can think of it it is good, it is good and sometimes we do use this quite often because yes, the Prophet would not be able to find those
things that are beyond their comprehension. So, he has to use
language that is intelligible you know in his time
but this may not
as the numbers we could always say that the numbers the Arabs use the numbers figure 70 does not mean 70
but here this is
an indication okay.
I like it,
it may not satisfy him though right. Understand,
okay. So, you got to bear in mind, basically, this is what I wanted to say, but I wanted to say first
that this actually is a sign of his profits with a lot of stuff, because that you know, in the very early formation of man,
the primitive street resides
in this area.
And there are the, you know, there is research now, about the primitive street
which which encodes all of your basically genetic code that has the primitive street is present in this area, in the early to you know, formation of the fetus, it is present in that area, the fact
is present in like half Buckingham Palace does not mean that this cup backup for Bella will remain at all times, because, even to the Prophet and the companions, they were still able to see that bones turn into dust, completely in dust, you don't see the mustard seed, in the first
hear Lily and
the cell who will bring back the bones to life after they have completely decayed, said say to them, the one who brought them to existence the first time. So even to the Prophet and his companions, this is not something that you as a contemporary person may not comprehend only, but even the companions would say mustard See, we don't you know, moans completely the gay they will be able to figure this out, but the Prophet wanted to tell them that whatever it is, that would remain amount of damage is contained within an area that is as big as the mustard seed. So not the whole toxics. Even within the toxic stew there is a very small area that contains all of the genetic code code and
the purpose of some Excel minha Khalid government highrock come from it, he was created and from he will be reconstructed from it, he will be reconstructed.
So go on Google the primitive streak, you'll find some original research on this issue of the primitive streak and you will find that it does exist
in the toxics
it is basically you have like a DNA strip that is capable of
it's like a stem cell stem cell
capable of generating curve what is the goal
of transforming into any type of tissue
now of tissues will be capable of transforming into any type of tissue. This is the primitive streak that will give you into their make to their music, everything and then from the neck to their into their music there you have different types of tissues based on you know the
what what they need to be to transform in, you know organs of bones this brain
muscle primitive streak is different
differentiation into into direct to their music, or those are the three different
primary components of the fetal structure of the human structure before the differentiation. There was something that from which man differentiated into different tissues, different bones, different organs. So the Prophet is telling them that the primitive streak is contained within the proxies, and the primitive streak is contained within their boxes. So you could use this to convince them. But at the end of the day, at the end of the day, I would use this argument about
this isn't singular report. Don't make this the reason you walk away from slam, is there a possibility that a five year old me forget or error or make a mistake? Yes. Would that justify for us to turn our backs to the spoon and say it was reported by people who may have forgotten? No, because we work on probabilities, in the likelihood that you know this was mistaken is very minimal. And in our actions in our business in our lives, do you always work on certainty or sometimes you work on, you know, the greater life you know, human beings do not really function?
Completely freeze. So
the central reports that came from the Prophet was out of the hobbies that came from the Prophet whether they reported there is some disagreement over Bukhari and Muslim and certain scholars, including a MOBA set the first certainty but the majority of scholars said even the single reports in Bukhari and Muslim do not infer certainty. It is the creator of IQ.
It has not yet been, it is a vanilla to the greater white people to turn away to turn your back away to the religion because one single report that not agree, we're not able to comprehend it for was beyond your comprehension. Here, it is really beyond your comprehension. There is no mistake here. It is, it was just beyond his comprehension. But at the end of the day, it is beyond his comprehension. Don't get stuck there and tell him It is beyond your comprehension. Tell him in addition to my explanation, if this were actually wrong,
if this report were actually wrong,
keep in mind that this was reported by axiom and arranger narratives, one of them may have made a mistake along the way
until it was collected in one of the center books
that is completely
to say that two people with you know people that are skeptics or people that are not Muslim yet
you have to tell them though, that all the sudden once it is verifiable by the scars of this is binding on us
without assuming that there will be no D there will be a key misaligned operand but they will not be how to pray there will be a second operand, but they will not be how to give second they will be you know a Tim will have to unwrap Allah, but they will not be how to make hunter Amara, there will be no the
you know without the sun, so, it is all binding once it is acceptable. Once it is verifiable by the scholars of honey, yet one set of hobbies should not make you doubt your religion. The bottom line is and it isn't sort of the puzzles
that you have arrived here with certainty. You arrived here to Islam with certainty. One single report that was changed hands through a trainer and narration of four or five different people should not make you walk away after you arrived here with certainty and in sort of the concept of loss of
prefer to be reminded.
You know, for the skeptics and for all of the people that have
Lack of certainty, this is a good
qualified to be
to bring you
who I am in Burma. Hua Hua is the book
owner provides better guidance
both of them
most of them refers to a
that I may follow
by may follow
income from sovereignty if you weren't truthful.
This is when the self sacrifice of honor
these are these are two different forms of magic,
the parameters of the Torah
that support one another or corroborate one another.
And we disbelieve in both of them.
We believe in both of them.
Because Okay, why is this important, because this is saying
that the existence of the Creator God is a given.
That is the first given this is a given.
is also another given of the Creator God.
When the Why is created me, and I'm looking for his message to me because it is
incomprehensible that he did the wise, creative me, and I'm a purposeful person, individual or being with wisdom. And yet it just left me out there without any guidance. So the existence of the Creator is a given. And then we could talk about why it's a given. And his wisdom has to be a given. So I'm looking for his message. And if you guys so so that narrows it down very much. narrows it down very much to the turanian ge and and the Toronto, Toronto Island engine was not mentioned in particular here because the Injeel is
a compliment to the Torah. It was known
that I came to establish the book, and
the scriptures and the messengers, fulfill them and
oppose them. So that was a compliment to the Torah. So that arrived required to complete complete messages from God to humanity. And we narrowed it down to this, the prophets of Salaam said to them, bring me a Bring me a message.
So the burden is on you. You're telling me that the Bible is created us but he did not send us a message if you're agnostic. And you believe that someone actually created this
and you're trying to say that there is no organized religion. You're trying to say that
He actually says, that there is no messenger messenger, there is no organized religion, that does not
make sense because if the wise, purposeful creator of God brought me here, give me wisdom, give me purpose, yet does not leave me any message of guidance, it doesn't make any sense, you are required to bring me a message from him. Otherwise, if you cannot bring me a better message, then one of these two linear bound about one of these two
and then this conversion thing to, you know, further narrowed down to the parameter. It's another discussion but but so far this is good, like
beer for a lot of people that are skeptics and a lot of people that
do not believe in Hindu tradition in the in the in the messenger ship model of religions, you know, such as the eastern philosophies.
Buddhism, for instance, it does not provide an explanation of the existential questions of who brought us here and why and so on, is a philosophy that does not that is now really dependent on the model of the Creator God who sent me a message.
So for atheism, for non Abrahamic religions, the argument this argument is very good for the Abrahamic religions. To continue the discussion. This is another
The issue of the videos the next issue about Goliath Annika, we live.
One is from what a God's most like most intimate friends
the price of righteous with is from guardians we live, but without an account for the chapter of Guardian children marriage
vaniqa Ellerbee Willie Ian, was, it ain't even understanding.
So one of the brothers said that, aren't we making, because of my statement about the Sindelar reports, not the current circuit trng, causing people to have doubts in the cinema. This is not my intent, keep in mind is the body of the sooner in its entirety is binding on us once it is verifiable by the scars of hobbies. All I'm trying to say is that singular reports from the profit versus going with other hobbies that are important in the same way to the program through a large number of people's every layer of the tune of direction, singular records do not infer certainty that they are from the profits of the lawyers. So when it comes into basically,
faith versus no faith, accepting the beam versus rejecting the dean, aren't we responsible to tell the people that although it is all white in commerce, some of these activities may in fact not be from the profits, other ones may not be from profit. So
if someone cannot live with the idea that the profit Maximizer at age nine
isn't it a better thing to tell that person
that this was established through singular reports.
And although it is binding on us established in the most authentic books are certain that we as Muslims have to accept this, if you do not accept that which is established in the most authentic books of so now you are not
if you're rejected, at least Muslim we will call you.
But at the end of the day, is it a matter of certainty, why we will call him a failure because if you start to pick and choose from the sun, now, you will ruin the D you will be gone. You will be choosing you will make your own D so it is in its entirety binding on us. But is there a possibility that similar reports are not
are not in fact from the profits of Southern board from those who want to rate them?
Is there a possibility of it yourself?
Not gonna how old she is, once you show to America?
How did they? How did they talk about, you know? How did they talk about
they, in that time? When was the Prophet born, the year of the elephant?
So, in that case, is there a possibility that we will actually keep track of all of the work?
as Muslims, we should believe to be orthodox Sunni Muslims, you should believe that our assessment fee was nine years old when she married the Prophet, and you should accept this, and you should not second guess that bahaya Muslim. But when it comes to logic and rational thinking, is there a possibility that a singular report is not in fact, from the Prophet? Yes. When it comes to single reports in general, aside from those agreed upon by Muslims, by consensus, it is the consensus of Muslim scholars that singular reports, though binding on us once verifiable by the scholars of Hobbes, they still do not confer certainty, when is there some disagreement, those reports that are,
you know, related to us by Buhari and Muslims agreed upon by Muslims, or by one of them, according to our minority position, the infer certainty, still, the majority of the people have also
considered consider those or hobbies to be still singular reports that only infer the greater likelihood that are most likely authentic, most likely from the profit, because when you have
five people in the narration, you know, relating from one another, through five generations, is there a logical rational possibility that some of them, one of them may have birth, may have forgotten, may have added or deleted words that have is consequential to understand that they're very important. Logically it is possible.
We say that the verification of the suddenness and effort that was invested in verifying a sudden, and that consciousness of our righteous predecessors in reporting the sun and the
effort of sort of sifting through the teeth weeding out the weak by the scars of these would make that likelihood
that it would not be it would not be practically consequential. So the likelihood that it is not from the profit is minimal enough. That is that makes it practically in consequential.
Which means what In other words, if you're a Sunni orthodox Muslim, all of them have to be binding on you. You have to accept and act upon all of them once they are verifiable, for the prophets of service. But practically inconsequential is one thing. And faith. Now, faith is a different thing. The you, as part of your belief, have to have certainty that each one of those singular reports that the scholars have heavyset, authentic, actually came from a practice of silver as a matter of faith. No, you do not have to. It's not a matter of faith, because faith has to be based on certainty. And what are these changing hands, you know, through five generations is not cannot be established.
The basis of certainty, it is not ready beforehand. It is not likely
to be a part of that to believe that it has it is certainly from the process.
But because the possibility of errors minimum is practically inconsequential, therefore, I have to act upon those faculties, all of them once they are authenticated by the scholars of Hermes. Is this clear? I hope that you won't walk away with our message.
Sometimes when we get into those issues, sensitive, controversial
I get into them for the mere purpose of intellectual luxury, I get into them, because it is time that we talk
to humanity at rest
And oftentimes, we were talking to ourselves within the small room and for you in this room might be none of you skeptics, some of you may be a little bit you know,
may have more zeven skepticism. So, it may sound irrelevant to that group, but you will be talking to people and you will be debating with people and some of you may or may be also skeptics and some of this discussion may give them comfort. So, it is my responsibility towards those that I reach out to them and I give them comfort, I talked to their hearts and minds versus just talking to you about you know,
So, I got
to see the scars
that they use the
most precise and comprehensive almost Jaga they inherited from the profits of audio sometimes the most precise and comprehensive speech. So, every word is very concept like the
important. So, there is no UTR which means here there is no valid MC app no valid land no
the when a with or in the presence of or with with
ad and two witnesses
coming in from the Muslims.
And this would be the position after
I think that we talked a lot about you know, this issue that we already finished most of it, we talked about the way and we talked about how the Hanafi madhhab does not require the presence that
he is required according to m s n a right.
Not required according to H and minor position or a minority position in the Maliki both who do not require though they have euro stamp a definite style. And I'm telling you this I believe in the body, but I'm telling you this so that you humble yourself whenever you like he talks about the greeting moms, you have to humble yourself to stand as a discussion over the issue of diversity and inclusion, although you may want to say that this issue is
is almost settled.
It is black and white. It is really not black and white. You could have you could be assertive.
assertively declare that I believe that they're worthy is essential for the validity of marriage. Because the proof is on the side of the majority, Maliki chef I used
to have certainty where you are condemning the other position or not giving any weight to the other position is unwarranted. If you want to go over this matter in some more detail go to the datum which
by a morose which has been already translated
the juris primer and look at the discussion of the word
immerse himself may sound even equivocal despite the fact that he supports the comedy,
but they may sound at some point in the discussion,
you know, equals a conversation. So,
why is the vaniqa highlevel a because the Prophet sallallahu Sallam said lanica, God would say they are, there is no account except with MLA and to trustworthy
witnesses. Now, this Yes,
this is coming,
why is the weather
now, the rolling is important to be able to explain it to me to be able to validate through the
to be able to rationally justify it is also important.
It is important for you as a family and it is important for you as an educated well informed Muslim and it is important for your psyche, your confidence and your faith, although for some people is, you know, the faith is beyond intellectual conviction.
And, yeah, the intellectual conviction is a foundation but it's important to have, particularly if you will be reaching out to people and convincing them. So they have a Razzie. One time a woman was told by Dr. Razi,
people went out to see the memorizing.
He was coming to visit the village, and a woman of that village was told that he has 1000 different arguments against this believers, skeptics, he has 1003 bottles of skeptics, he says he said he had $1,000, before he had the 1003 bottles, I don't need them. I don't have any. So I, you know, to me is irrelevant, you know, his three bottles are relevant because I have a problem.
Because I don't have a single doubt. So that woman has the so called ownership of her face that has become completely beyond the intellectual transcended the internet intellectual confliction into complete ownership of your face. However, the intellectual conviction is important
for the valley,
is of great importance that you'll be able to justify rationally in the different tunings of the religion.
So why is it that we're requiring a guardian for the woman
you will not if you are a feminist in the in the sort of mainstream understanding of the word feminist, this will never make sense to you.
If you do not recognize the differences between male and female zakka and once I graduate O'Meara,
all of the discussion is irrelevant, right here.
In order for us to have like an intelligible discussion, you will have to first agree that there is there are differences between Zuckerberg on
the male to male, a man and a woman.
And those differences are not limited to anatomical structure
or even physiological functions. They are beyond.
Now, if I need to prove this, you know that that takes a long time, but I wish I could really skip this. But if you need to prove this historically, you know, if you need to prove this kind of rationally,
you should spend your time to prove that these differences exist. These differences are now differences.
To make them in equal in the sight of God or equal in their humanity, they are completely equal in their humanity.
They are complete
equal as human beings, however, their roles and functions may never be the same, because of the multitudes of differences between them. And if they are the same,
they will never be able to have a perfect union, because they're the
unless you have differences, and you compliment one another because of your differences, and different strengths and weaknesses, he will never need to have a union,
like a union between two means what does it provide? What does it offer a union between two females? What does it offer? How do they complement one another,
they need to make this union as single entity zones in Islam is zoned for a three first with a pair with a few firsts, the man with us refers to the female that is sound, sound, sound, the pair is out to me. So, if he means out, because it is one entity, that family is one entity. So you need to be different to complement one another. And
the arguments that there are differences, we will not waste time and maybe some other time. But once you have agreed that there are differences that let us talk about why is overly important. And delay is important. Because the woman happens in this relationship, whether you like it or not, whenever you
this is a matter of reality, she happens to be the weaker party in this relationship, whose rights must be
taken care of defend that, you know, protected
by the legislation.
So in order for the rights to be protected, the first thing is that when someone proposes to a woman,
insight into the world of men. And the difference between a good man and a very good man is not like your father and brother is not like the closest man relatives who are already out who have experience with men of different
And who would be able to give her a credible counsel regarding the nature of the men that propose to her. So some men may or may abuse or may
make use of the negativity of some women and deceive them into marriage. But when you make the Guardian, an integral part of that process, or the approval of the Guardian, and are a part of that process, you're providing protection for that moment. Secondly, after they get married, after they get married,
and they get divorce, and the woman don't think of women
within the constraints of America or the west in the 21st century. Think of women in Africa and Asia. Think of women where men are incapable of providing for themselves because it is very tough. So you can imagine how it is like for women think of women in the 15th century. And because Islam is for all of this. So think of women in the West 200 years ago. So when that woman got divorced, where did she go to
Bethlehem farm back to her guardians.
When that woman got in trouble with her husband, who did she complain to? Or whom did she complain to?
Who came after the man to ask for her rights, who usually does nowadays.
Before we go there, the father the brother and so on. So, if they are required, they have those responsibilities that they carry back and they look after her interest to defend the herd to should they not have the right
in choosing a future partner. They will have the right as long will not give them
Like always, it is an extremely entrepreneur, our religion would not give them an absolute right? Does it give them an absolute right? No, because at the end of the day finished, refers to quality.
And if they disagreed, then discipline becomes the Guardian, meaning the court becomes the guardian. So if they disagreed, then the court found that the guardian to be unreasonable, the court will dissolve or when
his guardianship and think over, either transfer it to the next Guardian, or take it as the court and allow them to marry if the man is suitable. But it allows the Guardian, it gives that Guardian some room for who you know, in your early in the process, because he will be more acquainted with men and knows better about the nature of men. And he will be responsible thereafter and he will protect your rights.
In addition to this, a marriage is not about the coming together of two individuals, it is the coming together of two families. And if you're bringing into the family, a foreign man, as your father should have a status, you're bringing into this family a foreign man, I should have some say into this.
Like we said, although he did not require it at the outset. He gave the The Guardian the right to free course, if she married herself off to an incompatible person, completely young, suitable person, he could take her to court.
City of state, and they announced it publicly and they get married.
So they their marriage without the wedding.
They move to a different place where they announced publicly
Okay, in this case, in this marriage, okay.
So the hafeez would say, if the US of the closest near relatives, he married who said foster completely unsuitable incompatible person, take them to court.
The father will take them to court. And you will have the right to dissolve the marriage if the court finds that she gives herself a marriage to someone who's completely incompatible.
that the Jim who will say this marriage is invalid.
There is the Maliki shop. in Belize, he held that Johor, when say that their kids are their legal kids.
They will say that the marriage is invalid, but it is legally consequential in terms of parenthood in particular, because it is a marriage, according to my wife, or according to some of them event. And although it is invalid to us, but they may have acted upon a different method and gotten themselves married. So it is invalid to us, but we will consider it legally consequential, and that shows you the tolerance and the also the wisdom of our early tourists. So they did not consider they did not tell them what what are you doing this is Xena. Because there was this position of some scholars that consider this to be a valid marriage. Lisa, Nick actual marriage that has a
dubious and to us it is invalid but we will consider a legally consequential and attributed children to their parents.
in the West when you don't have a court, so
like an Islamic jurisdiction.
If they came to you and asked you, what should we do now, then then, and you happen to be Maliki shaft a company or hanafy that sided with medical companies on this issue, which should be the way this carries out. When the scars are convinced that the other position is truly in a stronger position they should always like I showed you
Unlike me, so many times switched positions to the happy position over one year even though he has, like, you know,
buddy's car, without doubt that he took the hunting positions or perhaps, but if you happen to believe in that position
and they came to you, they came to you, you should tell them, repeat the marriage with the permission of God.
Now, let us say they will not repeat the marriage, but this is our recommendation for recommendation, let us say you do not repeat the marriage as an Imam in the West, who has no jurisdiction.
You cannot say to them, you must repeat the marriage. Like let's say you are medically scholar in some city in Morocco,
you order them to repeat the marriage as an Imam in the masjid in America, you have no jurisdiction, the married the Hanafi way, it's none of your business. If you're a medic, er, especially because you have no jurisdiction.
In the Muslim countries, if you are the Maliki judge, in this particular village, and the people in this village are mad if he wanted a medically judge, you have power, you have authority, because at the end of the day, the law has to be one.
So that I choose the medical physician, as soon as the high physician i have i would rule by and it would be binding, even if you're a meth lab, if you happen to believe in the other position. But you live in this town, here in America, whatever you believe about the laws of New Jersey or Edison or federal laws, whatever you believe you have to comply know what you're not going to go to the judge in the court and I have other positions and
the same applies there. But the man's here in America, have to be careful. You have no jurisdiction, you have no authority, you're only a move to the best you're an arbitrator, you can never be a full blown judge. Is that clear?
You can never be a judge there. How could you be if you have no executive power? Where is where is your police force?
Have your order that, you know, cups from the present here in Edison to go and
they'll consider you crazy, how best
Can you know at worst, you know,
we're coming to it, yes, the conditions in the weather. So, can the one conductor married by herself with the permission of the way this is another issue here, some of their one of their hobbies. And this is also
this hadith where the Prophet said
it would have been a final verdict, but it is controversial in its authenticity. So, that is why the discussion is still alive, because like a high level a is controversial in its authenticity. To me, it was authentic, but the hierarchy may say it is not authentic. And you will have you know I say that. But there is another idea which is more effective
than this one in which the prophet SAW someone said the human rights and
a human whichever, for whoever.
you have said
he married herself off
his permission, the permission
of her guardian or the guardian
and this is a stronger equities. So in a weaker position this means that she could actually married herself after she takes the permission from narrowly This is called the human a mocha, this is the divergent implication, which is divergent implication means the
two to give the opposite ruling to the opposite
scenario or to the
scenario. So, if
you hear she narrowed himself without the permission of her, they sold her marriage has bothered you flippity. net version of the application.
So, if it is with the permission, then it is valid.
Performance is weak, the verbal communication is weak because it's not the explicit statement for the for the profit.
And when the explicit statement is valid, only there is no value in the gap except with early so that takes care of it. Anyway, these are the different positions.
According to the harpies, it is irrelevant because they allow you know that discussion is irrelevant to the you allow it without the way without the delay and without the permission of the overlay. Unless Afterwards, he could prove in the court that she married herself off to someone completely incompatible. So if the marriage contract was performed without LLP, here in America, we we can do anything, you cannot act like a Maliki judge and tell them for them to repeat it if they came to you. And they said, you know, we will get married without the permission of the Overlay and so on. And, you know, they're open to your recommendations and your design and so on, they'll then go back
to the weather and give them you know, involved and repeat the contract in his presence and with His permission, and bye bye.
Let him you know, be the one to give
his power and marriage, he will be more conducive to harmony between the families afterwards he is
He knew he was aware of
where he was aware of the importance of the where not
to him. They went out authentic in his own judgment.
And he helped counter arguments that if you want to go in and because if I go in, I could take two, two different two different sessions to just talk about the validity and the intricacies of the disagreement. But I told you the jurors primary is where you have a discussion of the matter that's a nice discussion and fair very fair, although it is a biomedical scholar, but it was a very fair discussion.
Now the issue of the witnesses and I told you what, you know, witnesses announcements, you need both to be perfect.
But without the witnesses and with announcement.
It will be instead okay.
It's dislike isn't disliked by all the scholars or
notice that my Maliki's only because
and that would be another issue here. That would be another OCD issue.
Is there abandonment almost have this like, by default or not. And if you say that the amendment means Corolla or this dislike, then it will be disliked according to all because all of them said allinone. Announcing marriage is recommended is the opposite of this. dislike or not? that's a that's a controversy is the opposite of was to have a dislike all the time. So when you don't do that which was to have
Is it this mic all the time, it may not be the site all the time. It is just that you have left to that which is better.
Finally, before we end
because we only have 30 minutes to 1030
honey and I would defer the rest of the discussion.
like I told you the Prophet sallallahu Sallam said at the end of this hubby's finished that.
just to show you that Islam does not give anyone absolute authority over any one, not even the parent or the child. No one except for God has absolute authority over anyone, and you will find this all in any application, any application. And this. So here, they were they in the history of the dispute.
That is the woman and her way of the disputed are so far more than malaria so far is the authorities.
When a guardian
have one who has no guarantee level, one without guarding.
So if a woman finds the man to be compatible, and finds the
Okay, so someone, for instance, here in America,
and I'm not going to use any particular examples, because because people get offended. But someone, for instance, here in America proposes to a sister. And then a father says, No, I'm will never marry you to our man from this town, or this tribe, who came from this town or this tribe.
And the guy was born in America. She was born in America, they have a very, you know, they come from the same country. They have the same culture. They eat the same food, and all of them, but the father says he's not he's from that tribe, or he's from that town. And people from that town are you know this or that or people from Docker?
Is he making sense?
No, what if he says,
What What is he going to do different cultures? Then he's he has a sense here. Because cultural compatibility is
consequential is helpful to have cultural compatibility.
Does he have a say meaning that
people of different cultures should not marry one another? No. It's just that as a father, he's making he still making some sense. What if she has a PhD and he has
Could he be the best person on earth? Absolutely.
Is their father justifiable to say no, I want you to marry someone who finished a degree or who has a comparable education.
Yes, as a judge, as a judge, you cannot say to this father, you're irrelevant. You're irrational. You don't make sense. Get out of here. You're here guardianship is terminated.
But if a father is saying that his parents are from that city,
and they both have comparable education, they have cultural commonalities. They were born in America, and they grew up in America. And then he wants because of, you know, some
thoughts that he has, or delusions or that he has.
He wants to borrow her from marrying him. The court can sever terminate his guardianship because that would be
justifiable barring care from marriage to a compatible person.
The court will not use that authority.
Complex, the farmer is not making sense.
But if he's making sense to then the court will not
keep in mind if she has a PhD. And she has, you know, she's been waiting now for the last 1520 years to get married. And she has not gotten married, because the father wants a peach the also to marry her, and she did not get any offers. And then she goes to court and she tells them, this man came to me, he wanted to marry me and I want to marry him. And I have been waiting around the court will find the father to be irrational at this time, so if
the court were to use this, right off severing the guardianship, particularly when it comes to fathers,
when it comes to brothers, the court may have a little bit more room, you know, you know, God is here, you're not making sense. But when it comes to fathers, this is my daughter, I raised her. I wanted her to wait for someone who has comparable education. She's being like, young and sort of
is then if the court says no, you're not making sense to get out of here, that is not really appropriate. Yes.
It is recommend that like ASAP and giving in marriage and divorce, it is recommended to have a panel of emails, particularly when you make very consequential, very controversial resolutions, decisions decrease as a single email. When you give a one fuller as a single female, when you sever the guardianship of a father over his daughter, as a single man.
If you want to do it, you go Go ahead, but you're gonna be irresponsible.
The better way is to have a panel of two to three emails, you know, that are that have a position of authority in the community. You're not a fresh graduate from you have a BA in Islamic Studies, a fresh graduate and yours and coming, you know, on separating the guardianship of men over their daughters, getting women divorced from their husbands and doing all of that stuff because now that you're the man, we're talking about, you know, credibility here. We're talking about very consequential controversial issues and very sensitive issues. kapan Alavi mams is what is recommended in these cases.