Muhammad Salah – Fiqh Of Love Episode #13 Nikah Marriage

			Salam Alaikum Hello, welcome back to another episode of the thick of love. My name is John Fontaine
and we're joined again today with Dr. Mohamed salah, Salah welcome chef, where are they from Sonoma
Rahmatullahi Wa Barakatuh. Thank you, John hamdulillah Subhan Allah chef. We've been discussing
Cipolla many topics all regarding the issue of marriage, also,
		

			or love, or love, but especially, you know, coming to the thick of it, which is the marriage. Yeah,
and so far we've discussed everything prior to the actual marriage or the Nikka
		

			you know, And subhanAllah so we've spoken about how love comes what is love in Islam, you know, how
you can pursue it, pursue the love in a halal way, and how not to pursue the love as well. And
subhanAllah today, we finally reached the episode where we want to speak about the Nikka or the
actual tying the knot as they say, you know, getting married, and and committing to marrying someone
for the rest of your life, potentially. So Subhanallah today I want to ask you, what is the Nica
from an Islamic perspective? The word Nica refers to a couple of things that refers to find the
marriage contract itself, even without consuming it in the marriage, as well as it refers to the
		

			intimacy, the sexual relations is sexual *. So Allah subhanaw taala says Fen ki Hoon nadie
is the early hen and Surah and he says so you can marry them by the permission of their family. The
concept of The Guardian
		

			so Annika here refers to
		

			the marriage contract and also in Surah Noor the Almighty Allah says thank you for amm como Saudi
Hina mean a birdie como ma Comanche who Yanni marry of give in marriage. So here refers to the
marriage contract. Okay, so it refers to a couple things. Are there the marriage contract itself, or
the actual intimacy and sexual relations between a couple who are already married? So technically,
is the mutual agreement between a man and a woman of course through the guardian of the woman? Yeah.
And that's why I will say that there are three conditions for the marriage contract to be valid.
		

			The first is the freedom from the provisions
		

			which means there is an IRA in Surah Nisa, I believe it is animal 23 In this ayah the Almighty Allah
listed certain people, those people all my began to ever saying Hurray metallicum have been made
forbidden for you, you're never allowed to marry. The following categories are the following people
such as hurry metallic Mahato Medina to como Hawa to come to come wahala to come webinar, we'll have
you again as well. So, those categories of people due to the relationship the blood relationship,
		

			the mother, the daughter, the sister, the aunts paternal and maternal can never allow to marry in a
form. But watch this. The I did not mention the cousins.
		

			So again, some people in their culture, the cousin, they treat the cousin like a brother or like a
sister. And if even if they have some emotions, and they have some sort of attractions, or whenever
a family member proposes say, what do you do? My cousin said, gross. How dare you say that? She's my
cousin. Or she'll say he's my cousin like he's my brother. No, no, no. A cousin is perfectly
legitimate to marry his or her cousin. That is because number one, it is not listed in the IRA among
those who are forbidden for a person to marry. In addition to that, the Syrah and the Sunnah is full
of examples like the beginning from Prophet Muhammad Sallallahu Sallam and his family. And even if
		

			you thought it was married to him
		

			I was married to his
		

			cousin's daughter, Fatima,
		

			while the Allahu Ana Prophet Muhammad Sallallahu Sallam that married Susanna vintage ash, one of his
cousins, you know, this is quite very important because, of course, many of the Muslims are living
in non Muslim societies where you can, you can
		

			not, it's not always permissible, but of course, not from an Islamic perspective, or people now are
having relations with with
		

			the sisters, and people like this. And they often look down on on having marriage with a cousin, you
know, subhanAllah it's like flips on the road. What basically, when people close one of the doors of
halal,
		

			they automatically open another door for haram. And they perceive the Haram, the fascia, or the
evil, as perfectly fine,
		

			as perfectly legal. And now bluntly, they will reply to you by saying, I'm free to do whatever I
want to do. Do not intervene with my freedom. That is my freedom. You're not got to tell me what to
do. But when God Himself tells us what to do, they pick on you. And they think this is a target.
This is gross, and this and this and that that applies to me. I can by the way, you see some people,
they grew up with their cousins from a very young age, and they're almost like brothers, or sisters.
So they they view them as brothers and sisters almost. Yeah. And even when they grow up, you know,
you see them they meet, they may maybe they hook you know and things like this is this permissive.
		

			Let me give you even a cleaner example, something that not many people may realize, when a family
find
		

			a girl who doesn't have a family, or they pick up a girl from an orphanage, and then they raise her
and she grows up among the rest of your sons and orders. So she is treated as
		

			the sister she is treated as the sister because you've treated her as your daughter she grew up. Who
is this girl to you? From an Islamic perspective?
		

			Who is she? She is somebody whom you raise in order to be with the Prophet sallallahu alayhi salam
in paradise that close like these two fingers. This is a Hadith this one it says he said Anna, were
Kefalonia teamie. Phil Jannetty. Hakka the person who would look after an orphan sponsor, an orphan
will be with Me in Paradise, like these two fingers, so close to each other. What an honor. So now
you want to take care of an orphan. You want an upbringing, upbringing, an orphan reason often
support him or her financially until they grew up? And now they are a marriage age.
		

			Can your son think of marrying this girl whom you raised?
		

			Yeah. And that is permissible? Well, I'm not saying your son has to marry the girl. No, we're
talking about what is permissible. Because this girl has never been your daughter has never been a
blood sister to your sons. Like was if you raised the boy, and you have girls. So he's interested in
Medion. Any of these goals. The idea of sonatinas explained in detail entities who are the maharam
whom you're not allowed to marry forever. Unless if your wife happened to breastfeed that child when
they were still young, under the weaning age, said being breastfed five fulfilling times by phone
means in this case, the ayah goes on to explain after listing those who are forbidden to marry
		

			forever because they are related to mothers, sisters and daughters, ants paternal and maternal.
Okay, now it goes well, Madoka melotti urbanna calm, well how to call me Narada. If a woman
breastfed a child, he was a little baby under the weaning age, she breastfed him five fulfilling
times, five separate times. So this child has become like her own son irrespective of she doesn't
have to wear hijab before him because she's actually his mother due to such so even her other
children as well. Same thing, no. Okay, now, the children this boy you will become a brother to all
the children of this woman, a brother to all her daughters so they cannot get married. Why? Because
		

			she breastfed those kids and they are her children. She is about
		

			logical mother to those kids, and she happened to breastfeed that boy. So in this case, they have
become brothers and sisters due to suckling what is known in Islam as Arada. Breastfeeding due to
breastfeeding. So the ayah says, We're all Mahat melotti Albana come with our token, men are rubber.
So sure, what are the conditions of the Nika? Like, what what do we need to do? In order to finalize
and the I actually like to continue with the I have to explain another thing, because nowadays, the
process of marrying and reimagine divorce in the turnover is very high. And it is very scary. And
sometimes as we were teaching, like decades ago, to the students that at the university or in high
		

			school,
		

			it might sound like a little weird that somebody
		

			processed a marriage contract with a God. Then he divorced her before consummating the marriage. And
now, four years later, he's interested in marrying her mother. Is it permissible, so that I also
explains the in laws, and the step relationship? A lot Almighty says your own map when you say, Oh,
my God, when He said, In English, it's the mother in law. So you're not allowed to marry your mother
in law? Whether actually you married her daughter only on papers. Without consummating the marriage,
oh, you can submit a marriage. Once you guys got married, even verbally, then this woman has become
your wife and her mother, your mother Alou, you're not allowed to marry her forever. If her daughter
		

			died if he divorced her years later, she's your mother in law, you're not allowed to marry her. Then
in order the Almighty Allah says horrible evil Kamala if he had already come, Minister eco Malathi
the Hulten ban, which means Arada AP refers to the stepdaughters it happens awfully that you marry a
woman who has kids. She's either a widow or divorced. So what about her kids? While you're married
this woman, then her daughters, and her sons have become yours. There are still sons and daughters.
But her daughter has become like your own daughter. Exactly. It's absolutely forbidden for her for
you to even think about her. And that's why this stepdaughter she doesn't have to wear hijab before
		

			you. She's like your daughter. Exactly. What about her sisters?
		

			Who sisters, that your wife, your sister in law, you mean the sister in law? Well, the IRA also goes
on to say what anti GMO banal octane, Elana cazzola. And this is a very interesting reference. Thank
you for bringing it up. The IEA says it is not admissible to marry two sisters simultaneously,
somebody who say oops, and who do that, that was common among the Israelites. As a matter of fact,
one of the prophets of Bani Israel Prophet Jacob himself, was married to two sisters simultaneously.
Okay, so that was permissible in previous legislations, by an Islam. It is not permissible to marry
two sisters simultaneously. You married one and he divorced her or it didn't work out with you all.
		

			She died. Can you consider marrying her sister who used to be your sister in law one day as
absolutely legal? Again, we're talking about the legality. We're not suggesting we're not
recommending we're saying yeah, it is permissible. You know when off man enough and may Allah be
pleased with him. Last his first wife Rocha, who's Roca? The prophets daughter, okay. And he was so
sad even some people offered and proposed to him to marry the daughters like Armand for pop. He
didn't show any interest. The Prophet sallallahu Sallam gave him his other daughter Omar consume in
marriage. So of man was married to two sisters but not once would require died. He married a
		

			consumer who used to be his sister in law. Joseph Lakeisha. We're gonna take a break now and we'll
come back to this after the break inshallah. Make sure you stay with us and join us after the break
As salam o Allah here
		

			Oh
		

			Salam Alaikum salam. My name is Joan Fontaine and welcome back to the thick of love. So I can share
welcome Salam or not Allah Subhan Allah we've been discussing, you know who we can and cannot marry.
And currently we're speaking about who we can who it's not permissible to marry, who else we're not
allowed to Moshe.
		

			Among the preventive causes, it is absolutely forbidden to consider or think about a woman who's
already married.
		

			Or a woman who's divorced but still in her Ada, because we said during the IDA, her husband has the
right to revoke the divorce. The Almighty Allah says we're not on la carte. We are a boss snobby and
fuzzy Hina Salah SATA.
		

			So the divorce women, their term is three periods during the three periods, the Quran advice in
Surah Tortola. They should stay in the same house where she was living with her husband, because in
order to increase the possibility of reconciling and getting back together, and so on, or she the
more if it's the final divorce. Even if it is a final divorce after died is over. Not only that,
even if the man is dead,
		

			even if the man is dead. The Quran says in Surah Al Baqarah. One Latina youth our phone I mean come
where the Runa as well as a yet or a boss Nabil unfussy Hina orbita asuran. Wash era. So according
to this area, the WoodWing ADA or waiting time or term, before which a woman may not consider
getting married or think about it, is four months and 10 days, four months and 10 days the widow
during this period, the woman is supposed to show that she's sad for the loss of her husband. She
doesn't wear any makeup in in your polish in here. eyeliners she is she sad for the loss of her
husband. And Allah subhanaw taala Warren, again is explicitly offering and proposing I'd like to
		

			marry you because the man is dead. No one does immoral or that a nigger he had the Yerba local Kitab
animal 235 of sort of Bukhara chapter number two. So whenever a woman is married, it's absolutely
haram. There is severe consequences and severe punishment for a person who attends he tempts a woman
who is already married to divorce her husband, or to ask him for divorce, or to see hola in order to
marry her such person is an evil person, woman Islamic perspective, that is not permissible.
Remember, John, in the previous episode, we said even if she's engaged, she's not married yet.
Alice, step back. You're not allowed to propose to her about the mod because somebody else will
		

			propose and the the process is going on. Imagine some people think because the kind of richer, they
have a better position. And they think themselves better than this person. So they say, You really
deserve better than that joker in the guy. If she
		

			if she actually calls it off with the first guy in order to marry this person. This is a great
haram. This is a great. So whenever a woman is married, whenever a woman is divorced, but in her
aid, whenever a woman is widowed, but in her Ada, no one is allowed to propose to them. So is there
anyone else who were not allowed? And if we're saying it's not allowed to propose for them, then
it's not allowed. It's more worthy that it's not allowed to process a marriage contract. And if it
happens, then this marriage is invalid. And this relationship is perceived as fornication. So should
he know? You said, you know, it's not allowed to, for a man to approach a woman, for instance, who
		

			is married? What about a woman to approach a man who is married? Or does that purely have to come
from the male side? We spoke about that before. Look, it happened once a woman came to the Messenger
of Allah peace be upon him. He was sitting with his companions, and she offered him she wanted to be
his pet me, marry me. But the Prophet sallallahu Sallam
		

			did not really have any interest. His hands were full, has already his wives is managing the affairs
of the whole OMA and all his marriages were for great wisdom. So
		

			the prophets Allah, Allah, Allah sent him politely told her that he is not interested in one of the
companions or for the I would like to marry her or Prophet of ALLAH. So he said, it's permissible.
If a woman finds Mr. Wright, the very righteous person and she's afraid that he doesn't know about
her. She's always in hijab. No one is to communicate with them. It's permitted
		

			support, but we said it would be best if that can be, you know, pursued through somebody else. And
if you remember I said, try not to approach the guy by yourself if you're a woman, yeah, try not to
tell the person that I love you or anything you will be my ideal husband and all of that. doula
Khadija are the Alana. If you have a guardian if you have a brother, if you have an aunt, if you
have another family who can pursue that person, hand to him introduce you both to each other.
		

			Then it's permissive. So sure, mashallah, what are the pillars are the conditions of the Nikka? So
spoke about number one, no Prevention's. And we'll learn what are the provisions. Number two is the
consent of the guardian.
		

			The consent of the Guardian, nowadays, a lot of us take it very lightly and take it very easy. And
they say, Well, we're grown up enough to decide on our own.
		

			We don't need anyone to tell us what to do. But it's a matter of Deen. It's a matter of legal and
illegal. The Messenger of Allah peace be upon him said in the sound Hadith, which is narrated by the
Mother of the Believers are Aisha Radi Allahu anha, lanica. Her interview alien was Shahid I had,
		

			there is no valid marriage. Without the agreement, the consent of the guardian. And the presence of
two just qualified shoe hood witnesses. You know, you just don't bring anyone, you must be honest
and trustworthy. Because this is a very sacred contract. Marriage Contract is a sacred contract. And
in order to secure the rights of all the witnesses must be honest. So when it comes to the Guardian,
		

			the correct view, am I saying the correct view? Because Imam Abu Hanifa has a different opinion.
Okay, may Allah bless him, but the vast majority of the scholars in the light of the sound a hadith
and in the light of the Quranic references, you mean that the Quran talked about the overlay of
course it they talk about the holy and the mandate of getting the consent and the agreement of the
willing, you know, in sometimes the whatever if the guardian or the Wali is being stubborn, and he's
not allowing his daughter to get married, and there's no reason why, you know, he's a perfectly nice
man. He's religious, you know, he has all the qualifications will shatter really, really address
		

			that. But first, we got to understand the references why there really is a must. So we learn one
Hadith, and we learn that the Prophet sallallahu sallam said, Whenever a woman give herself in
marriage, without the agreement of her guardian, fennica, who bottle bottle bottom, then her
marriage is in vain, invalid, as if it did not take place. And the Prophet sallallahu Sallam also
said lead was at Almara wallet was always on Maratona of Sir, a woman may not give another woman in
marriage, nor even give herself in marriage. She needs a guardian, she needs hourly. What does the
Quran say about that? The Quran says in saltiness, Feng Qi Hoonah be izany Li hen, so you may marry
		

			them after the agreement and the concern of their family. Who are the family refers to the guardian
in the second chapter of the Quran Surah Al Baqarah verse number 232. The Almighty Allah says we're
either for Lakota Manisa Feber Levana Angela Hoonah, Fela ta Bulu Hoonah a young Ghana as Werder
Hana either Torrado going on with models allow me to explain the meaning that I can tell you a very
interesting story behind it. So the Almighty Allah says if you guys divorce your wife,
		

			okay, forever Lagna Adela Hana, and then they finish the term. So they will choose three periods
have elapsed, and now she's free. If he wants to marry somebody else, she's free to do so because he
didn't take advantage of the idea and take her back so she can marry anyone else. But what if the ex
husband who divorced his wife showed interest in re marrying her with a new marriage contract after
the ADA and the term is over?
		

			It is permissible, but with the consent of the Guardian,
		

			because Allah Almighty is it fella Tao Bulu Hoon.
		

			As a young Ghana as well as your Honda is aparato binomial model. So if the wife was now divorced,
and the ex husband have an agreement and another understanding that they want to remarry, okay, go
ahead and remarry. But the Guardian, no way I'm not giving you my daughter anymore. So Allah
subhanaw taala says to the Guardian Latha Abu Hoon, do not prevent them from getting married. What
do you understand from this area, according to the diversion, meaning that they have the right to do
so. They, they still enjoy the power of guardianship. Their consent is almost. And the story behind
the I was whenever one of the companions of the Messenger of Allah peace be upon him by Danny
		

			Malkin, mdsr brother, the Allahu Allah.
		

			He gave his sister in marriage to somebody, and this person divorced his sister,
		

			and
		

			selasa, Kuru three periods elapsed, and he should no interest in marrying her. He did a revoke his
divorce. Then after the term was over, they had some sort of understanding. And he wanted to be
reunited again, and the wife doesn't mind. Now the divorce woman and ex husband showed interest. So
they wanted to marry, marry, but Marta live near saw her brother, and her guardian, said no, and he
said, Dr. Luka, you're a loser. I give you my sister in marriage, and I honor you, you divorce her
and now you want to marry her again, by no means I will never allow you to marry my sister. So Allah
subhanaw taala revealed the idea to tell the Guardians do not prevent such marriage because of
		

			personal ego or because if they want to remarry, facilitate this marriage, what does it mean? It
means the following, that the consent of the garden is not only conditioned for the validity of the
marriage, in the case of a girl who's never been married before, whom we call big version, in
because some people are under the impression that, you know, the consent of the Guardian is only
required in the case of diversion gods, but a save a woman who has been married before once or more,
she can give herself in marriage without need for any consent. Now, according to this if the woman
was already married, and she was divorced, and she wanted to marry whom her ex husband, but the
		

			brother prevented her. So Allah subhanaw taala order the guardian to facilitate this marriage, you
have this power of consent, do not misuse it. And that will take us to
		

			the issue of what if the Guardian is misusing or abusing this power of consent. And unfortunately,
this is common nowadays. Especially due to the cultural reason some parents who moved to Europe and
to the states from the Arab world or from Pakistan and India, Bangladesh, they want to make certain
that their daughters and their boys as well they will be married to spouses from their culture in
order to maintain the heritage to maintain the cultural traditions and supposedly the religious
commitment as well. So they may prevent them and insist that you only Marian the person whom I
suggest you I think because we ran out of time, you know, maybe you can discuss this further more in
		

			details in the next episode inshallah Yeah, I think that'd be good check. Subhan Allah is very
interesting point. So we don't want to rush them. So inshallah we'll pick pick up on that point next
time in sha Allah. So please, those of you are home please join us next time for another episode of
the fear of love, as salaam alaikum Allah Heba barakato