A man proposed to a woman who has no guardian except some of her brothers; some of them pray, and some do not, and he asked to marry her, but they refused
Machine translationRead the Arabic original
The questioner : A questioner asks, saying: A man proposed to a woman who has no existing guardian.
The Shaykh : A man proposed?
The questioner : It is a woman.
The Shaykh : It is a woman.
The questioner : She has no existing guardian except some brothers of hers, some of whom pray and some do not, and the man asked to marry the woman, but they refused; is the marriage contract valid without their consent?
The Shaykh : Where are these people living? On Mars or where? Are they living in this world we live in, or where?
The questioner : Yes, they are in Nigeria.
The Shaykh : In Nigeria?
The questioner : They are Eritrean.
The Shaykh : Eritrean. I imagine this situation occurs in a land of disbelief; where there is no Shari'ah court first, and if there is no Shari'ah court, then there are no scholars, and if we assume there are no scholars, then there are not even students of knowledge. We imagine these situations in a country that is originally Islamic, and I think we are imagining the impossible; because there must be either students of knowledge, or scholars, or judges, or a state that rules by Islam; so how did this strange and odd situation arise? There is only a group of friends, some righteous and some wicked, and this woman has no guardian, and she wants to get married.
The questioner : ... they pray ... but they refused to marry this ... .
The Shaykh : She should take the matter to the Shari'ah court.
The questioner : The ruler is a disbeliever.
The Shaykh : Is there no Shari'ah court?
The questioner : No, there is no Shari'ah court.
The Shaykh : Does that mean there are no scholars? No shaykhs?
The questioner : In Ethiopia, this ... I don't know ... they have a disbelieving government.
The Shaykh : Yes?
The questioner : Eritrea is attached to Ethiopia; Ethiopia annexed it.
The Shaykh: No problem, my brother.
The questioner : Is he a disbeliever, the president himself is a disbeliever?
The Shaykh : What do we need with the president? Are there no Muslim scholars? No shaykhs? I don't imagine that in a land of disbelief now there are some Islamic groups that are organized, and they conclude Shari'ah contracts for some women there, with no Muslim ruler, no Shari'ah court, and nothing else, so I cannot imagine, even if the ruling in Ethiopia now is by a disbeliever; but I imagine the existence of Muslims there, even if only some scholars, yes?
Another questioner : Ethiopia is full ... eighty-five ... .
The questioner : ... the court exists, O Shaykh.
The Shaykh : This is what I mean, so I imagine the question does not represent the actual reality, therefore I cannot answer that this woman marries whoever she wants, no; because the original principle is his saying (peace and blessings be upon him):Sunan al-Bayhaqi 10:1088, and his saying (peace and blessings be upon him): Jami` at-Tirmidhi 1102Hasan (Darussalam), if this woman is sincere and truthful that she wants to get married to protect her chastity; then she should try to contact someone who will take charge of her matter after her brothers - as you say - refused to marry her.
This is all I have as an answer to the question.
And may Allah send prayers and blessings upon Muhammad the unlettered Prophet, and upon his family and his companions.
The Shaykh : A man proposed?
The questioner : It is a woman.
The Shaykh : It is a woman.
The questioner : She has no existing guardian except some brothers of hers, some of whom pray and some do not, and the man asked to marry the woman, but they refused; is the marriage contract valid without their consent?
The Shaykh : Where are these people living? On Mars or where? Are they living in this world we live in, or where?
The questioner : Yes, they are in Nigeria.
The Shaykh : In Nigeria?
The questioner : They are Eritrean.
The Shaykh : Eritrean. I imagine this situation occurs in a land of disbelief; where there is no Shari'ah court first, and if there is no Shari'ah court, then there are no scholars, and if we assume there are no scholars, then there are not even students of knowledge. We imagine these situations in a country that is originally Islamic, and I think we are imagining the impossible; because there must be either students of knowledge, or scholars, or judges, or a state that rules by Islam; so how did this strange and odd situation arise? There is only a group of friends, some righteous and some wicked, and this woman has no guardian, and she wants to get married.
The questioner : ... they pray ... but they refused to marry this ... .
The Shaykh : She should take the matter to the Shari'ah court.
The questioner : The ruler is a disbeliever.
The Shaykh : Is there no Shari'ah court?
The questioner : No, there is no Shari'ah court.
The Shaykh : Does that mean there are no scholars? No shaykhs?
The questioner : In Ethiopia, this ... I don't know ... they have a disbelieving government.
The Shaykh : Yes?
The questioner : Eritrea is attached to Ethiopia; Ethiopia annexed it.
The Shaykh: No problem, my brother.
The questioner : Is he a disbeliever, the president himself is a disbeliever?
The Shaykh : What do we need with the president? Are there no Muslim scholars? No shaykhs? I don't imagine that in a land of disbelief now there are some Islamic groups that are organized, and they conclude Shari'ah contracts for some women there, with no Muslim ruler, no Shari'ah court, and nothing else, so I cannot imagine, even if the ruling in Ethiopia now is by a disbeliever; but I imagine the existence of Muslims there, even if only some scholars, yes?
Another questioner : Ethiopia is full ... eighty-five ... .
The questioner : ... the court exists, O Shaykh.
The Shaykh : This is what I mean, so I imagine the question does not represent the actual reality, therefore I cannot answer that this woman marries whoever she wants, no; because the original principle is his saying (peace and blessings be upon him):
There is no marriage except with a guardian and two just witnesses
لا نكاح إلا بوليٍّ وشاهدَي عدلWhichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid
أيُّما امرأة نكحت نفسها بنفسها بغير إذن وليِّها ؛ فنكاحها باطل ، فنكاحها باطل ، فنكاحها باطلThis is all I have as an answer to the question.
And may Allah send prayers and blessings upon Muhammad the unlettered Prophet, and upon his family and his companions.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.