A man proposed to a woman who has no guardian other than her brothers, and they do not want to marry her off. Does she marry herself?
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The questioner : A questioner asks, saying: A man proposed to a woman who has no existing guardian?
The Shaykh : A man proposed.
The questioner : A woman who has no existing guardian except for her brothers, some of whom pray and some do not. The man requested to marry the woman, but they refused. Is the marriage contract valid without their consent?
The Shaykh : Where are these people living? Are they on Mars, or where are they living in this world that we live in, or where?
The questioner : They are present, O Shaykh, in Eritrea.
The Shaykh : In Nigeria.
The questioner : Eritreans.
The Shaykh : Eritreans. I imagine this scenario occurs in lands of disbelief where there is no Shari'ah judiciary first. And if there is no Shari'ah judiciary, then there are no scholars. And if we assume there are no scholars, then there are not even students of knowledge. We imagine these scenarios in a country that is originally Islamic. I think we are imagining fiction, because there must be either students of knowledge, or scholars, or judges, or a state ruling by Islam. How did this strange, odd scenario 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 : She has brothers, O Shaykh. Her brothers, but they do not pray or do anything, but they refused to marry this young man?
The Shaykh : She should refer the matter to the Shari'ah court.
The questioner : A disbelieving state...
The Shaykh : There is no Shari'ah court, meaning there are no scholars, there are no Shaykhs!
The questioner : In Abyssinia, I do not know where this is. They have a disbelieving government.
The Shaykh : Yes.
The questioner : Eritrea is part of Abyssinia. You called it Abyssinia.
The Shaykh : No problem, my brother.
The questioner : And he is a disbeliever. The president himself is a disbeliever.
The Shaykh : What do we need the president for? There are no Muslim scholars, there are no Shaykhs. I do not imagine that in lands of disbelief now, there are some Islamic groups that are organized and they conclude valid contracts for some women there. There is no Muslim ruler, no Shari'ah court, and nothing else. So I do not imagine that, even if the rule in Abyssinia is disbelieving, I imagine the presence of Muslims there, even if it is only some scholars. Yes.
The questioner : Abyssinia is full of mosques. Muslims are eighty-five percent.
The questioner : Prayer exists, O Shaykh.
The Shaykh : Yes, that is what I am saying. So I imagine the question does not represent the actual reality. Therefore, I cannot answer that this woman marries whomever she wants. No, because the 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, she should try to contact someone who takes charge of her affairs after her brothers, as you say, refused to marry her off. I have no answer to this question. And may Allah send prayers upon Muhammad, the unlettered Prophet, and upon his family and his Companions, and peace.
The Shaykh : A man proposed.
The questioner : A woman who has no existing guardian except for her brothers, some of whom pray and some do not. The man requested to marry the woman, but they refused. Is the marriage contract valid without their consent?
The Shaykh : Where are these people living? Are they on Mars, or where are they living in this world that we live in, or where?
The questioner : They are present, O Shaykh, in Eritrea.
The Shaykh : In Nigeria.
The questioner : Eritreans.
The Shaykh : Eritreans. I imagine this scenario occurs in lands of disbelief where there is no Shari'ah judiciary first. And if there is no Shari'ah judiciary, then there are no scholars. And if we assume there are no scholars, then there are not even students of knowledge. We imagine these scenarios in a country that is originally Islamic. I think we are imagining fiction, because there must be either students of knowledge, or scholars, or judges, or a state ruling by Islam. How did this strange, odd scenario 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 : She has brothers, O Shaykh. Her brothers, but they do not pray or do anything, but they refused to marry this young man?
The Shaykh : She should refer the matter to the Shari'ah court.
The questioner : A disbelieving state...
The Shaykh : There is no Shari'ah court, meaning there are no scholars, there are no Shaykhs!
The questioner : In Abyssinia, I do not know where this is. They have a disbelieving government.
The Shaykh : Yes.
The questioner : Eritrea is part of Abyssinia. You called it Abyssinia.
The Shaykh : No problem, my brother.
The questioner : And he is a disbeliever. The president himself is a disbeliever.
The Shaykh : What do we need the president for? There are no Muslim scholars, there are no Shaykhs. I do not imagine that in lands of disbelief now, there are some Islamic groups that are organized and they conclude valid contracts for some women there. There is no Muslim ruler, no Shari'ah court, and nothing else. So I do not imagine that, even if the rule in Abyssinia is disbelieving, I imagine the presence of Muslims there, even if it is only some scholars. Yes.
The questioner : Abyssinia is full of mosques. Muslims are eighty-five percent.
The questioner : Prayer exists, O Shaykh.
The Shaykh : Yes, that is what I am saying. So I imagine the question does not represent the actual reality. Therefore, I cannot answer that this woman marries whomever she wants. No, because the principle is his saying (peace and blessings be upon him)