He says: I seek your guidance that there is a man who is the guardian of two orphan girls from their parents, and he has been their guardian since they were young until now. The one mentioned married one of the two to his brother, and he is forcing the other to marry his son.
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The questioner : He says: I seek your guidance that there is a man who is the guardian of two orphan girls from their parents, and he has been their guardian since they were young until now. The one mentioned married one of the orphans to his brother, and he is forcing the other to marry his son. The purpose of this is that these women have a great deal of wealth, and he is forcing them to marry his brother and his son, knowing that they have been living in his house since they were young, and he is forcing them to marry his brother and his son. Please guide us, may Allah reward you with good. Is this right or wrong? And may you have abundant thanks?
The Shaykh : It is not the right of any guardian among the guardians to force his ward to marry, even the father himself does not have the right to force his daughter to marry someone she does not want to marry. For this reason, the Prophet (peace and blessings be upon him) said:Jami` at-Tirmidhi 1107Sahih (Darussalam) And the Prophet (peace and blessings be upon him) did not distinguish between the father and others, nor between the virgin and others. Rather, in Sahih Muslim he said: So he specified the virgin and specified the father. This indicates that it is necessary for the man to seek permission from the one he wants to marry from his wards, whether he is a father, a brother, an uncle, or a son. He must seek permission in that matter.
The questioner : Yes.
The Shaykh : And on this basis, this man who was the guardian of these orphans, and it appears from him that he is also a stranger.
The questioner : Yes.
The Shaykh : It is not permissible for him to...
The questioner : He is the paternal uncle of the girls.
The Shaykh : It is not permissible for him to force one of them to marry his son, because that is forbidden for him.
The questioner : Yes.
The Shaykh : Rather, he does not marry any of the women except after her consent and her seeking permission in a Sharia manner that makes clear to her the qualities of the husband and his life.
The questioner : Yes.
The Shaykh : And it is also not sufficient for him to say, "I want to marry you to so-and-so," while she does not know about this man he wants to marry her to, until he clarifies his tribe, his condition, his character, and everything the woman needs to be clarified.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Well done.
This message is from Musa Muhammad Aqili from Riyadh. He says, after the greeting and salutations, he says.
The Shaykh : It is not the right of any guardian among the guardians to force his ward to marry, even the father himself does not have the right to force his daughter to marry someone she does not want to marry. For this reason, the Prophet (peace and blessings be upon him) said:
a virgin should not be given in marriage until her permission is sought
لا تُنكح البكر حتى تستأذنAnd the virgin is to be consulted by her father.
والبكر يستأمرها أبوهاThe questioner : Yes.
The Shaykh : And on this basis, this man who was the guardian of these orphans, and it appears from him that he is also a stranger.
The questioner : Yes.
The Shaykh : It is not permissible for him to...
The questioner : He is the paternal uncle of the girls.
The Shaykh : It is not permissible for him to force one of them to marry his son, because that is forbidden for him.
The questioner : Yes.
The Shaykh : Rather, he does not marry any of the women except after her consent and her seeking permission in a Sharia manner that makes clear to her the qualities of the husband and his life.
The questioner : Yes.
The Shaykh : And it is also not sufficient for him to say, "I want to marry you to so-and-so," while she does not know about this man he wants to marry her to, until he clarifies his tribe, his condition, his character, and everything the woman needs to be clarified.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Well done.
This message is from Musa Muhammad Aqili from Riyadh. He says, after the greeting and salutations, he says.