Compelling the father of a girl to pay money if he marries her off to someone outside the village
Machine translationRead the Arabic original
Fatwa number ( 18467 )
Q: Some people in the villages, particularly in the areas of al-Hijaz , have established a binding agreement among themselves which they call: al-Shaddah al-Jama'iyyah (the collective bond). This agreement includes several conditions, among which is: if one of them marries his daughter to a man from outside the village, he must pay a sum of money, ranging between two thousand and five thousand riyals, which they call (Makassar). This amount is placed in the group's fund, along with what they pay annually, to serve as a reserve for them in case—may Allah forbid—one of them faces a financial burden such as blood money, a blood feud, or the like. This amount is paid by the wife's guardian, either from her mahr or from his own right, and sometimes the husband is required to pay it in addition to what he bears for the mahr, clothing, jewelry, and other things, even if he is poor. And whoever among them refuses to pay that amount
agreed upon in the case of marrying his daughter off outside the village for some reason, whether due to hardship or other collective reasons, the following consequences apply to him: 1 - Cutting off brotherly relations between them and him, which may sometimes extend to cutting off greetings if he has no right with them. 2 - His right to the collective fund is forfeited if he had previously paid something into it. 3 - They do not support him in his cause, and he does not support them in their cause, no matter what it is. 4 - If the reason for not paying that amount is a dispute between him and one of the group, the group must look into that dispute and rule that the wrongdoer among them slaughter a number of sheep for the one against whom he wronged; to appease him. And if there are no reasons preventing him from paying the aforementioned amount, which would entail what is mentioned in the previous clauses, he is between two things: either he submits to paying the amount, or he remains alone for the rest of his life. The question: A - What is the ruling on taking this amount from the wife's guardian or from the husband to place it in the group's fund? B - We know that ruling that the wrongdoer among them must slaughter a number of sheep is an invalid ruling that contradicts what Allah has revealed, and that calling it a settlement does not take it out of being a referral to the taghut. But how is reconciliation
to be carried out between them if the matter is merely ugly speech that one of them displayed toward the other, and they do not wish to refer the case to the court; because the wrongdoer might be sentenced to some imprisonment and flogging, which they do not accept among themselves; because it might cause other problems greater than what has occurred?
A: This practice is a great evil, and it is an invalid agreement. It must be abandoned and not acted upon, and it must be declared wrong; because it contradicts the command of the Messenger of Allah (peace and blessings be upon him), and because of what it may lead to, namely the remaining of women in the tribe or village unmarried in case no one from the tribe or village proposes to them. And the Prophet (peace and blessings be upon him) said:Jami` at-Tirmidhi 1084Da'if (Darussalam) Narrated by al-Tirmidhi. So this hadith and what is similar to it invalidates this agreement; because the Prophet (peace and blessings be upon him) commanded to marry off whoever proposes to us, whether from the tribe or from outside it, if we are pleased with his religion and his character. Then, compelling the guardian to pay that amount is another evil, and consuming wealth by falsehood. So it is obligatory upon the tribes and villages where this custom is practiced to abandon acting upon it; following the Sunnah, for in that is all good. And whoever among the people of the tribe or village whom Allah guides to abandon acting upon it should not commit to paying any money imposed on him, even if they cut him off and boycott him; for paying them money is an acknowledgment of their evil and assistance to them in establishing their invalid custom.
And perhaps by this action he will lead others to do the same, so that this bad custom is eradicated. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: Some people in the villages, particularly in the areas of al-Hijaz , have established a binding agreement among themselves which they call: al-Shaddah al-Jama'iyyah (the collective bond). This agreement includes several conditions, among which is: if one of them marries his daughter to a man from outside the village, he must pay a sum of money, ranging between two thousand and five thousand riyals, which they call (Makassar). This amount is placed in the group's fund, along with what they pay annually, to serve as a reserve for them in case—may Allah forbid—one of them faces a financial burden such as blood money, a blood feud, or the like. This amount is paid by the wife's guardian, either from her mahr or from his own right, and sometimes the husband is required to pay it in addition to what he bears for the mahr, clothing, jewelry, and other things, even if he is poor. And whoever among them refuses to pay that amount
agreed upon in the case of marrying his daughter off outside the village for some reason, whether due to hardship or other collective reasons, the following consequences apply to him: 1 - Cutting off brotherly relations between them and him, which may sometimes extend to cutting off greetings if he has no right with them. 2 - His right to the collective fund is forfeited if he had previously paid something into it. 3 - They do not support him in his cause, and he does not support them in their cause, no matter what it is. 4 - If the reason for not paying that amount is a dispute between him and one of the group, the group must look into that dispute and rule that the wrongdoer among them slaughter a number of sheep for the one against whom he wronged; to appease him. And if there are no reasons preventing him from paying the aforementioned amount, which would entail what is mentioned in the previous clauses, he is between two things: either he submits to paying the amount, or he remains alone for the rest of his life. The question: A - What is the ruling on taking this amount from the wife's guardian or from the husband to place it in the group's fund? B - We know that ruling that the wrongdoer among them must slaughter a number of sheep is an invalid ruling that contradicts what Allah has revealed, and that calling it a settlement does not take it out of being a referral to the taghut. But how is reconciliation
to be carried out between them if the matter is merely ugly speech that one of them displayed toward the other, and they do not wish to refer the case to the court; because the wrongdoer might be sentenced to some imprisonment and flogging, which they do not accept among themselves; because it might cause other problems greater than what has occurred?
A: This practice is a great evil, and it is an invalid agreement. It must be abandoned and not acted upon, and it must be declared wrong; because it contradicts the command of the Messenger of Allah (peace and blessings be upon him), and because of what it may lead to, namely the remaining of women in the tribe or village unmarried in case no one from the tribe or village proposes to them. And the Prophet (peace and blessings be upon him) said:
When someone whose religion and character you are pleased with proposes to (someone under the care) of one of you, then marry to him. If you do not do so, then there will be turmoil (Fitnah) in the land and abounding discord (Fasad).
إذا خطب إليكم من ترضون دينه وخلقه فزوجوه، إلا تفعلوه تكن فتنة في الأرض وفساد عريضAnd perhaps by this action he will lead others to do the same, so that this bad custom is eradicated. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.