If a girl is married and her father is abroad, is it permissible for the contract officer to take her father's place and speak on his behalf in the contract, despite the presence of her brothers?
Machine translationRead the Arabic original
The questioner : If a girl is married and her father is abroad, is it permissible for the contract officer to take her father's place and speak on his behalf in the contract, despite the presence of her brothers?
The Shaykh : It is well known that there is no marriage except with a guardian, as indicated by the evidence of the Book, the Sunnah, and rational consideration. As for the Book, it is indicated by the saying of Allah the Exalted:[An-Nur 24:32] and His saying: [Al-Baqarah 2:221] and His saying: [Al-Baqarah 2:232] These verses indicate that the one who takes charge of the woman's contract is someone other than her, namely her guardian. It is also established from the Prophet (peace and blessings be upon him) that he said: Sunan Ibn Majah 1880Sahih (Darussalam) This is the evidence of the Book and the Sunnah.
As for rational consideration, it is well known that the woman is deficient in intellect and strong in emotion. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 304 If she is deficient in intellect, strong in emotion, and short-sighted, she may be deceived, and one who is not suitable for her may propose to her. In that case, regret and misery take the place of happiness, joy, and delight. Therefore, the wisdom of the Shari'ah is that it prohibited a woman from marrying without a guardian.
The most deserving person to marry off a woman is her father, however high in the lineage, then her son, however low in the lineage, then her full brother, then her brother on the father's side, then her full brother's son, then her brother's son on the father's side, then her full paternal uncle, then her paternal uncle on the father's side, then her full paternal uncle's son, then her paternal uncle's son on the father's side, then the bond of patronage if she is a freed slave or if she has a bond of patronage to someone, then the ruler, who is the one with the highest authority in the state, or the one he appoints.
No relative on the mother's side has guardianship; there is no guardianship for the mother's father, nor for the brother on the mother's side, nor for the maternal uncle, or the like. Based on this, the answer to the questioner's question becomes clear. This questioner mentions that this woman has a father, but he is not present, and she has brothers, and the contract officer, who is the authorized person, is the one who married her off. In this case, the marriage is defective and not valid, because it contradicts what is indicated by the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), and correct rational consideration. It is established from the Prophet (peace and blessings be upon him) that he said:Sahih Muslim 1718b It is obligatory for the husband to wait and refrain until the marriage contract is renewed in a valid manner. Her father should marry her off if possible. If that is not possible, then the most deserving person for her should marry her off according to the order we mentioned previously. And Allah is the Helper.
The questioner : May Allah reward you, O honorable Shaykh. He also asks and says.
The Shaykh : It is well known that there is no marriage except with a guardian, as indicated by the evidence of the Book, the Sunnah, and rational consideration. As for the Book, it is indicated by the saying of Allah the Exalted:
And marry the unmarried among you and the righteous among your male slaves and female slaves
وَأَنكِحُوا الأَيَامَى مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْAnd do not marry polytheistic men [to your women] until they believe
وَلا تُنكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُواdo not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis
فَلا تَعْضُلُوهُنَّ أَنْ يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُمْ بِالْمَعْرُوفِThere is no marriage except with a guardian.
لا نكاح إلا بوليAs for rational consideration, it is well known that the woman is deficient in intellect and strong in emotion. The Prophet (peace and blessings be upon him) said:
I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you.
ما رأيت من ناقصات عقل ودين أذهب للب الرجل الحازم من إحداكنّThe most deserving person to marry off a woman is her father, however high in the lineage, then her son, however low in the lineage, then her full brother, then her brother on the father's side, then her full brother's son, then her brother's son on the father's side, then her full paternal uncle, then her paternal uncle on the father's side, then her full paternal uncle's son, then her paternal uncle's son on the father's side, then the bond of patronage if she is a freed slave or if she has a bond of patronage to someone, then the ruler, who is the one with the highest authority in the state, or the one he appoints.
No relative on the mother's side has guardianship; there is no guardianship for the mother's father, nor for the brother on the mother's side, nor for the maternal uncle, or the like. Based on this, the answer to the questioner's question becomes clear. This questioner mentions that this woman has a father, but he is not present, and she has brothers, and the contract officer, who is the authorized person, is the one who married her off. In this case, the marriage is defective and not valid, because it contradicts what is indicated by the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), and correct rational consideration. It is established from the Prophet (peace and blessings be upon him) that he said:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملاً ليس عليه أمرنا فهو ردThe questioner : May Allah reward you, O honorable Shaykh. He also asks and says.