Marrying his daughter to a man he did not know was committing evil deeds: should he take his daughter back?
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The first question of Fatwa number ( 516 )
Q1: He married his daughter to a man whose condition he did not know, then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah. He asks whether he has the right to take his daughter back from him?
A1: If the matter is as the questioner stated, that he married his daughter to a man whose condition he did not know, and then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah, then the condition of this man is not free from two possibilities: either he is negligent regarding the rulings of the Shari'ah out of contempt for them and lack of faith in their prescription, in which case, may Allah protect us from that, he is a disbeliever, and the marriage contract of his wife is annulled from him due to his disbelief and apostasy, and this is done through the Shari'ah judge. Or, if his drinking of intoxicants and negligence regarding the rulings of the Shari'ah is out of laxity while he believes in their prescription, then he is an open sinner, and his open sinfulness does not take him out of the religion of Islam. Open sinfulness is considered a legal defect that gives the woman the right to demand the annulment of the marriage from one who is proven to be characterized by it and persists in it, and this is done through the Shari'ah judge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: He married his daughter to a man whose condition he did not know, then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah. He asks whether he has the right to take his daughter back from him?
A1: If the matter is as the questioner stated, that he married his daughter to a man whose condition he did not know, and then it became clear to him that he drinks intoxicants and does not care about the rulings of the Shari'ah, then the condition of this man is not free from two possibilities: either he is negligent regarding the rulings of the Shari'ah out of contempt for them and lack of faith in their prescription, in which case, may Allah protect us from that, he is a disbeliever, and the marriage contract of his wife is annulled from him due to his disbelief and apostasy, and this is done through the Shari'ah judge. Or, if his drinking of intoxicants and negligence regarding the rulings of the Shari'ah is out of laxity while he believes in their prescription, then he is an open sinner, and his open sinfulness does not take him out of the religion of Islam. Open sinfulness is considered a legal defect that gives the woman the right to demand the annulment of the marriage from one who is proven to be characterized by it and persists in it, and this is done through the Shari'ah judge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.