Fiqh Of Love Episode #15 Marriage Contract
Channel: Muhammad Salah
File Size: 23.44MB
Episode Transcript ©
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Salam o Allah welcome back to another episode of The Feck of love. My name is John Fontaine and today we're joined again with Dr. Mohamed Salah salah. Welcome. Welcome Sarah Amara Matala Barakatuh and welcome back, John JazakAllah Hersh, thank you for having me. No, hamdulillah it's a, it's a great pleasure to have you here on the show. Thank you. And so Paula, we found it very beneficial so far. So Paula, we've been discussing the flip of love the understanding of love from an Islamic perspective. And just before we proceed, I want to just give a quick recap,
especially the last few episodes, we've been speaking about, you know, the Nikka you know, also the marriage contract. Yeah, so, the most contracts from the Islamic perspective, you know, and also mentioned in some of the details, you know, from that perspective, so, we just want to recap the, the actual pillars of the Nikka, the which are needed in order for the contract to be accepted by Allah spoke about, that nothing prevents the marriage, such as if a woman is among the listed forbidding women to be taken in marriage. And we spoke about the consent of the Guardian, spoke about the two main pillar of the marriage contract, which is your job, and couple, the proposal and
the acceptance SubhanAllah. And also, within that, within the actual Nica itself, you would have witnesses
the MaHA. So the last episode, we were discussing Maha, you know, the actual dowry or the wedding gift, which is actually given and the details regarding that. Can you just remind us briefly on Maha and how important this is, in a marriage contract? Well, even though the dowry is not one of the pillars of the marriage contract,
nor it would affect its validity, but it's a must, because the Quran says we're at UniSA, asado, Kati, Hannah Nicola, and number four shut down on force or at any set. So we learned that it's almost even the couple got married without naming a specific dowry or agreeing to a specific dowry, there must be made up. And if they did not specify that what he didn't will look for somebody from her family who got married recently. And we appoint a similar story to her chocolate shake. I also wanted to ask you, which I forgot to ask you in this in the last episode, regarding you know, in this day and age, the world is a small place, you know, subhanAllah, it's very easy to travel to one
side of the world in a matter of hours. And, you know, maybe people are getting married now more frequently in different parts of the world. And sometimes, you see, the contracts are being made on Skype and WhatsApp and using the internet, even the mobile phone as well. Is this permissible in Islam? Well, I believe that's a very important question. Because,
as you said, nowadays, lot of people those who get to know each other online, or families that want to be reunited, but they don't have an access to travel now. So they want to process a marriage contract and the ask, Can we do it over the video conference, or phone conference, or Skype? Well, if we can maintain the pillars of the Act, or the marriage contract, and we can avoid any confusion, and in a mixin, then it's permissible and it is effective. So if the witnesses are present, to shoot two Muslim just witnesses, okay, two main, just Muslim weaknesses. And derecognized does sound in the image of that person as the guardian, but he is working, okay. And they recognize that he is
given the authorization from the girl to give her a marriage. And also, they recognize the guru or the future guru who is proposing to marry that God if that is been witnessed, and we recognize each and every party or form, then we do the marriage conference, the marriage contract over the video conference that is permissible. The only becomes restricted when there is a confusion. Is it different? I mean, you talk about video conference, but say audio conference, so I know who is a person. You don't just introduce a person say because
Amen, witness, Mohammed wants to marry to Sarah, who's Muhammad? And who says God? Yeah, somebody says I'm her guardian, and he's no guardian. You don't know him, okay?
They're just pretending. So I got to make certain that this person is a true guardian of the God. And he is given her off in marriage to that person will recognize him. So if this is a case, that is permissible, and we've done it, we've done it a few times, I was in the way once, and there was a family.
You know, two families wanted to marry one in the UK, and the other one was in France, okay, they just wanted to process the marriage contract, so that he can fly off to pick her up as a wife, yes, okay. He will fly with her as his wife. So we've done that, because we can recognize and identify all the persons involved in the marriage contract. So in the case of where I mean, of course, in this type of situation, and even in person,
I know this is not Hello, but it may happen where someone has stood in for as as a as a guardian, when maybe he's not the actual guardian, you know, and then later, the real Guardian finds out, you know, what they need to actually repeat the Nikka is what would happen in this situation. If you remember, we have a whole episode to speak about those pillars of Nika, or the marriage contract. And we emphasize the importance of the consent of the Guardian, and we discuss the wisdom behind it why the Sharia Islamic law, mandated the consent of the Guardian, and this is simply for the benefit of the girl. So if she happened to marry herself off without a guardian, we said the Prophet
sallallahu sallam said, Let was a widow at Almara. While it was on Maratona, a woman is not permitted to give her stuff in marriage without the consent of a guardian, nor is she permitted to be the guardian of another woman, you know, even if she's her mother. So if this is the case, or the pretended nd introduce somebody to be the guardian, and he is not the guardian, or he is not the guardian in order, and they escaped the actual guardian who was righteous, who's eligible, who is living, who is sane, an adult, who's wise, but this kept him for a reason or another, while the Prophet sallallahu alayhi wasallam said in the Hadith, learn, you can individually you know, Shahida
so the word learning nullifies such marriage contract and it will be as if it never happened, which as if it didn't take place, but let's say they were living together as a married couple, will this be classed as a winner if they are no, it will not be classed or recognized as adultery or fornication, because they may say, but there is another opinion here when we present in this program to the viewers,
the correct view, so sometimes you say, the more correct which means the other one could be correct, could be accepted. But when we have references like I can go so many references right now, the Prophet sallallahu sallam said, Are you Marathi? NACA huckberry Is anybody have any CAHA button. And he repeated that twice, he made it very clear, because that clear, if a woman gives her stuff in marriage without the consent of her guardian, her marriage contract is in vain, is invalid is invalid. So after that, it's very difficult to say, but or to make use jihad or to say somebody has said, there I'm telling you, this is what the messenger of Allah keys be upon him said, it's a
required for the validity of the marriage contract. And that's why if they got married without his consent, without his knowledge, then this case the marriage is in valid in case and it happened before that.
A father was really insisting that his daughter should not marry but a person who knows Arabic for innocence. They're Americans. So she got married to a person who's really good, again, is his word. Why? Because he refused. So I spoke to him and he said, would it make you happy to know that your daughter is living in Haram, with a person whom she loves, he loves her, and he's making an effort to learn and the Prophet sallallahu his sin and did not marry in his own cousin Zayn had been to Josh to somebody who used to be a slave, Osama even his aid. So after I reminded him, that soften his heart and finally he yielded and he agreed to approve this marriage, would it be sufficient to
say okay, I approve the marriage. And I pardon you guys know, because we said this marriage contract was missing. So an essential component. So you have to repeat exactly you have to redo the marriage comp. You know, you mentioned something very
important that, of course, somebody may be the man of the woman, you know, maybe a brother, etc. But that doesn't automatically give them the right to be the guardian. You said, you have to go in order orders, there is an order. So the father is living, and he's saying his wife, he's in his mindset. The guy prays he's not like an alcoholic, okay? And he's just looking for the right person for his daughter. So she presented somebody whom he believes he's totally the wrong person. So even in this case, even though you don't ask him to his son, or to her to her brother, or to her uncle, because the guy there? Why would you confiscate his right or be in The Guardian? He is you're caring for his
daughter than anybody else? Who said, there will be correct if the guy was stubborn for no reason. And he says no, for no reason. Maybe he's fighting with his wife. Yeah, they're separated. And he's given them a hard time, when in this case, we'll skip him, but not based on your recommendation. So the wife or the mom would say, you know, my husband is, is a hard headed guy, and he's not going to agree. So she skips him and she goes to her brother, to give her daughter in marriage. No, that is not permissible. And that's why we say, if the Guardian is more of the law, you remember the term, he's preventing his daughter from marrying the right person for no reason. Then we take the case of
somebody who's more authoritative, like the judge, or the local imam in the local machine. And in this case, he will pick up the phone or call him up and ask him to come and say, what is wrong? Why do you prevent her from marrying this guy? Will will think this guy is fit and he's very good. It says, no, no, no, I have somebody else in mind. Would you tell us who is he? Because she's not going to marry anyone against her? Well, she has also to like him to give her consent. And if she's not agreeing is not going to happen. So when you figure out that the guy is preventing her without a valid reason, so Okay, thank you so much, then the Imam can be the guardian or the Nexen order will
be the guardian. And encase that we don't have any guardians will go to the Imam or the judge Joseph Lukashenko is a very important point that is not based on your own reason, and you should go to a judge or the local Imam, someone who can look at it from an objective perspective. You know, Jesus, aka Sheikh we're just going to take a short break. So for those of you at home, join us in a few minutes time we'll be right back for the thick of love Salam aleikum, wa.
Rahmatullah Welcome back to the thick of love. My name is John Fontaine and we're joined with Dr. Mohamed salah. Sarika show, welcome Salaam and thank you shake, we were just discussing some of the more intricate matters regarding the guardianship, you know, and the actual marriage contract itself. I just wanted to ask you, because you've really stressed on the importance of having, you know, an actual guardian, you know, especially, you know, of course, for the woman. And you were saying that you can't skip the order of the guardianship, you know, this wouldn't be permissible, etc. And this would actually have effects on the marriage itself on the validity and validity of the
marriage. SubhanAllah. Now, what if the Guardian, maybe he's on work, and he's traveling, or maybe he doesn't live in that particular country, but he actually knows about the marriage. So he's actually used someone else and he's dedicated this role to a different guardian. Is this permissible? Absolutely. Does it have to be from the actual family itself? No, not necessarily. That is called the color or appointing by proxy somebody to do in your state. And it's valid, not only in the marriage contract in other contracts as well, business contract, and so on. So if you know, the groom, you approve them, but you're overseas, and we're not gonna wait for another year to come so
that you will be back. The goal is measurable age, the guy's a good guy, we don't want to lose the opportunity. So he appoints maybe his brother,
his brother, who's a girl's uncle is not a guardian, because her father is alive. Okay. So in this case, he says, can you take care of that? Can you meet the guy and decide, you know, I trust you so much. Can you give her in marriage? What I approved the guy and can use it in the marriage contract, and in a state of my presence, you represent me, all of that is valid and is permissible, and our kids should also have the same conditions of the guardian or being a righteous person. Okay. Yeah. What what would happen, for instance, is that there's a lot of new Muslims, especially in the West,
that maybe the sister doesn't have a guardian. Does it have to be the local imam or can it just be another man
And what will happens in this situation is that and you can answer on your own, you figure out the role of the Guardian is called guardian. Okay? He's not like a dictator or a master, he is a guardian, he is there to protect you. He is there to secure your rights, the dowry upfront deferred, so that the groom also realizes that this girl is not caught off, that she has family and she has somebody to represent her. So
when the Guardian is doing his job, if the girl doesn't have a father doesn't have a brother doesn't have a family member, or she's a revert. And she comes to the Imam, when not just because he's an A man, or because he is the president of the Muslim community of whichever County, but he's a responsible person. It is not the paperwork. This is not like an office work. This is an Amana and responsibility before Allah subhanaw taala whoever is ready to shoulder the responsibility, and his fit, can be the guardian. So whenever we read in the books, and it says, The Muslim judge, Do I really have almost no judge that you can go and say, you know, I want to marry so can you be my
guardian, because I don't have a guardian. But we have the Imams especially and there was, so the Imam or the president of the Muslim society. If he's qualified, he can fit in the position of being the guardian of the God and give her a marriage, which is a hooker. You know, now I want to speak about more about the witnesses.
You know, you said that they need to male witnesses, Muslim male witnesses, you know, sometimes we see that maybe they're doing the Nikka in front of
a wider audience, maybe 50 or 100, people are actually attending the actual contract. And sometimes they may not have
actual a to official witnesses to particular people, mainly, name, lovely cushion. Very good, very good question. The purpose of the witnesses is what the people know that these couple are already married. And in case of fight, divorce, separation, rights and obligations.
The guy may say that, well, I don't know you, I never married you. She says no will get married. And I have right, you know, sometimes that forbid, they get married and somebody dies. So there is something called inheritance. And also there is a different amount of dowry, these hilcorp have to be maintained through what concluding the marriage contract in writing, having the witnesses who will come forward and say yes, we bear witness that is Gaza, officially married. So the vast majority of the Muslim jurors are of the view that if their marriage is processed in front of a big number of people, masha Allah like it is done before the uncles and maternal paternal and before a
lot of grown up Muslims and they're all good, what their serve the purpose, yes, it would serve the purpose to suffer yet it is always best if who are going to process everything marriage contract, two lists the names with their IDs with their addresses, physical addresses, in case that and contact informations in case that we need them to testify, they will be there. So when we say that, you know, remember when you married me, there was a deferred amount? No, there was not now give you already there, but we have witnesses. Yeah. So data's fight to the whole thing from the beginning. But if that happened, like in a machine or in front of big gathering more people, then this
publicity is sufficient to make the marriage valid.
You know, is it a requirement that you have to have like an official imam or an official judge? Or something like that? You know, is is it okay? Just you know, because sometimes I
hear of the contract just doing being done between the actual guardian and and the man himself. Yes, sometimes sometimes people delay the the marriage and the wedding and the marriage contract because all the Imam is out of town. So we get to postpone it next week, or next month, he's in hydro cannot get married until he returns. As a matter of fact, the Prophet sallallahu sallam said in the Hadith, what is required orally was Shahida. So the garden is there or his work he'll as you asked me earlier, by proxy, His representative. So he's sitting and he says to the groom on he showed interest, he says, though, was to get immunity. And by the way, he's got to be specific. Like you
know, when when you have three, four daughters, and you say to your future son in law, the groom and you say, Yeah, I'll give you my daughter.
or marriage? Hey, wait a minute, which one? Salma or Hooda or Sarah, eager to name her. Okay. So that was to Kubernetes. So and So. Okay. And the guy, the groom says, I agree and I accept to marry her, according to the book of Allah, the Sunnah of Rasulullah. And with the dowry that we both agree to
marriage is valid, and it is concluded already, they are officially married, the marriage contract contract has been already been,
we don't have to have an officer to say, the statement and will repeat after him. So what is needed is the guardian or His representative. And the two witnesses, and obviously the group who is, you know, seeking to go, I mean, how about, for instance, people who may,
you know, living in the West, I've come across instances where they've had a civil marriage in a non Muslim court, and they've not had an Islamic Nikka. You know, they've not done this. And they think that this is enough, is this, that is definitely not enough. And this relationship is perceived as an illicit relationship.
Because it's simply missing everything, it is missing the Guardian, consent, and it is missing the shoot. Because Subhanallah when the Prophet sallallahu sallam said, was Shahida, you had these two main Muslim just witnesses, they're not there is not in the court, that is perfectly fine. And I definitely agree to that. And I support that in order to secure your rights in order to open a joint account and move in together. And then when you have kids, those are your kids and for the inheritance in case of death of other one of the parties. All of that is great. But and if you need to process any further paperwork in the country that you live in, and whether Muslim country or non
Muslim country, but if it is not been done officially in an Islamic way, then this marriage is invalid, and as if it never happened. So those of them so those are the people who want to get married in a civil way, that's fine, but make sure you also do the Islamic Nikka and the civil way if like in the court, Masha, Allah, the officer is Muslim, the God and give his consent. And there are, you know, several people attending. And in the court itself, you've got the witnesses. So that is valid, that's Islamic? Well, you're talking about all you're asking about is a different example, where you go in the West, you get a marriage license, and you marry in the court. This marriage is
for your government and your country. Yeah, but Islamically that is not recognized as an Islamic marriage, which will not justify your relationship together. What if some, what if the groom had lied beforehand? And maybe he said, he's not married? And then later they find out he's got three ways.
Three all at once, Mashallah. One shot was said, you know, and what you know, and and the photo to him, the Muslims are bound to their conditions. When a person introduces himself, I've witnessed some divorce cases where the wife demanded divorce, because the groom, the husband, currently, and his family lied to them from the beginning. They said that he holds his position, and his salary is that much. And he speaks seven different languages. Okay.
Yeah, all of that. And when I asked the husband, was that true? They said, Yes. And I was wrong. And my father was wrong. We made a mistake. Okay. So this is called deception. If the if the lie affects the marriage, then the law the wife has the right either to approve it, or to call for fast, which is to annul the marriage, and she will keep the dowry because she was hurt. Just shake. That's all we have time for. So Paula, we've been through a lot of topics. They're just like, Okay, thank you for joining us. And we'll come back to this in the next episode.
Those of you at home I hope you're enjoying this and taking benefits. I hope you're also taking notes. Join us next time for another episode of the thick of love as Salaam Alaikum Warahmatullahi Wabarakatuh