A man ordered his upright daughter to marry a man who abandons prayer, so she disobeyed him and married another upright man. What is the ruling on her action?
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The questioner : The second part, O Shaykh.
The Shaykh: Yes.
The questioner : The father abandons prayer and wants to force his religiously committed daughter to marry a man who also abandons prayer. So the daughter committed a sin against her father, left the house, and married a man with the approval of the guardian, meaning the ruler of the Muslims in that region, who is a committed man. What is the ruling on this marriage?
The Shaykh : How was the ruler of the Muslims her guardian? If we know the situation, we can answer.
The questioner : The situation is in Britain, O our Shaykh.
The Shaykh : What Allah willed, and the ruler of the Muslims in Britain...
The questioner : There.
Another questioner : Heh.
The questioner : May Allah reward you with good, O Shaykh. There are princes, O our Shaykh, in regions in Britain who oversee the affairs of Muslims through Islamic centers, marriage contracts, deaths, and such matters. So she married through this man and refused to marry through her father, who abandons prayer, to a man who abandons prayer.
The Shaykh : This refusal, we recommend it and make it obligatory, but the other problem remains: that she married without the permission of her guardian. The Messenger (peace and blessings be upon him) said:Sunan Ibn Majah 1879Sahih (Darussalam) So then, we need to look at the guardian of the Muslims that you mentioned, and my mind is turning around: where is this guardian of the Muslims in what country? And if he is in Britain, then these are the ones there who appoint themselves as princes. In your opinion, are they scholars?
The questioner : They are students of knowledge, O Shaykh.
The Shaykh : Students of knowledge.
The questioner : Yes, because the scholars are not present there.
The Shaykh : In this case, I say it is obligatory for the Muslim girl to ask someone she trusts in their knowledge. She should present her story to that scholar, whether he is in the East or the West, and ask: What is the solution? My father wants me to marry a disbeliever, or at least an open sinner, and a pious, committed person has proposed to me, and so on. What do I do? So this scholar, who is a scholar and is one of the people in authority by the explicit text of the Qur'an, may permit her to marry in that case. I fear these people whom you described with that huge word first, and then you came down a little to saying they are princes. These are princes who appointed themselves, and no one appointed them. And this leads to harms and trials. I am as certain as I can be that they speak on many matters that occur to them there without knowledge, because as you said, they are students of knowledge. What have students of knowledge achieved in terms of knowledge? Perhaps they take a bachelor's degree or a doctorate in some sciences, then they sit there in lands of exile and lands of disbelief, expanding their information a little. So the important thing is that the matter requires caution, scrupulousness, and not rushing to say, "We are done with the problem," only to fall into another problem, as they say: "We were under the rain, and we became under the gutter." So the father orders her to marry a disbeliever or an open sinner; it is not permissible for her to obey him, but it is not permissible for her to marry herself either. She must raise the matter to a Muslim ruler, and this ruler is the one who marries her. And these people are not rulers.
The questioner : Well, O our Shaykh, if you wrote it down there so they could write it for you, would you write them the answer, if Allah wills?
The Shaykh : No, I am not one of those who write for those who rule and judge between people. I can issue a fatwa, but I do not judge. Others do.
The Shaykh: Yes.
The questioner : The father abandons prayer and wants to force his religiously committed daughter to marry a man who also abandons prayer. So the daughter committed a sin against her father, left the house, and married a man with the approval of the guardian, meaning the ruler of the Muslims in that region, who is a committed man. What is the ruling on this marriage?
The Shaykh : How was the ruler of the Muslims her guardian? If we know the situation, we can answer.
The questioner : The situation is in Britain, O our Shaykh.
The Shaykh : What Allah willed, and the ruler of the Muslims in Britain...
The questioner : There.
Another questioner : Heh.
The questioner : May Allah reward you with good, O Shaykh. There are princes, O our Shaykh, in regions in Britain who oversee the affairs of Muslims through Islamic centers, marriage contracts, deaths, and such matters. So she married through this man and refused to marry through her father, who abandons prayer, to a man who abandons prayer.
The Shaykh : This refusal, we recommend it and make it obligatory, but the other problem remains: that she married without the permission of her guardian. The Messenger (peace and blessings be upon him) said:
And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.
فإن اشتجروا فالسلطان ولي من لا ولي لهThe questioner : They are students of knowledge, O Shaykh.
The Shaykh : Students of knowledge.
The questioner : Yes, because the scholars are not present there.
The Shaykh : In this case, I say it is obligatory for the Muslim girl to ask someone she trusts in their knowledge. She should present her story to that scholar, whether he is in the East or the West, and ask: What is the solution? My father wants me to marry a disbeliever, or at least an open sinner, and a pious, committed person has proposed to me, and so on. What do I do? So this scholar, who is a scholar and is one of the people in authority by the explicit text of the Qur'an, may permit her to marry in that case. I fear these people whom you described with that huge word first, and then you came down a little to saying they are princes. These are princes who appointed themselves, and no one appointed them. And this leads to harms and trials. I am as certain as I can be that they speak on many matters that occur to them there without knowledge, because as you said, they are students of knowledge. What have students of knowledge achieved in terms of knowledge? Perhaps they take a bachelor's degree or a doctorate in some sciences, then they sit there in lands of exile and lands of disbelief, expanding their information a little. So the important thing is that the matter requires caution, scrupulousness, and not rushing to say, "We are done with the problem," only to fall into another problem, as they say: "We were under the rain, and we became under the gutter." So the father orders her to marry a disbeliever or an open sinner; it is not permissible for her to obey him, but it is not permissible for her to marry herself either. She must raise the matter to a Muslim ruler, and this ruler is the one who marries her. And these people are not rulers.
The questioner : Well, O our Shaykh, if you wrote it down there so they could write it for you, would you write them the answer, if Allah wills?
The Shaykh : No, I am not one of those who write for those who rule and judge between people. I can issue a fatwa, but I do not judge. Others do.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.