What is the ruling on a man who proposed to a woman and then saw in his dream something that prevents him from completing the path?
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The Shaykh : Yes.
The questioner : Peace be upon you.
The Shaykh : And peace be upon you.
The questioner : Al-Albani.
The Shaykh : Yes.
The questioner : How are you?
The Shaykh : Praise be to Allah, I am well.
The questioner : We would like to ask you about a matter, if possible?
The Shaykh : Please.
The questioner : That is, two days ago we went to a group of people to ask for a bride for one of them. When we went there, of course, they agreed on all the matters. The bride's father made his requests, and the groom's family agreed to all the requests and to everything. And as the group says, he recited al-Fatihah.
The Shaykh : Yes, they completed it by reciting al-Fatihah.
The questioner : We ask Allah for mercy.
The Shaykh : Okay.
The questioner : And everything ended, so of course, on the basis that the next day they would go to write the contract at the court. The next day, the groom, as if he saw something he did not like, and he said he wants to leave her. And of course, what is the ruling now?
The Shaykh : May Allah reward you, this returns to custom. Is this agreement that you described, which you sealed by reciting al-Fatihah as you mentioned, considered by custom a contract such that this man who proposed and agreed upon it in such a gathering, if he were to be alone with his wife, or let us say, starting with his fiancée, do they tolerate that, especially if he has intercourse with her? Do they see anything wrong with that because they consider this agreement, sealed with al-Fatihah, to be a contract, or not? What is the custom? I do not know what the custom is. You are a son of the country now, so I am asking you this question. What is your custom? Does this make her a wife such that it is permissible for him to be alone with her, and even to have intercourse with her, or not?
The questioner : Of course, from their side, no.
The Shaykh : Then the custom does not mean that this is a Shari'ah contract. Did you understand me?
The questioner : I understand you.
The Shaykh : And on that basis, if he withdraws, he owes nothing, and no material right is obligatory for his wife. This is unlike the case where it is considered a Shari'ah contract, in which case she is entitled to half of the mahr. And I believe that a case like this can be resolved amicably, but if a dispute occurs, God forbid, it will not be resolved except through the Shari'ah court.
The questioner : Yes, yes, it will, God willing, be resolved amicably. We just wanted to know the ruling in it.
The Shaykh: This is the answer.
The questioner : May Allah reward you with all good.
The Shaykh : May Allah preserve you.
The questioner : There is another question.
The Shaykh : Please.
The questioner : Peace be upon you.
The Shaykh : And peace be upon you.
The questioner : Al-Albani.
The Shaykh : Yes.
The questioner : How are you?
The Shaykh : Praise be to Allah, I am well.
The questioner : We would like to ask you about a matter, if possible?
The Shaykh : Please.
The questioner : That is, two days ago we went to a group of people to ask for a bride for one of them. When we went there, of course, they agreed on all the matters. The bride's father made his requests, and the groom's family agreed to all the requests and to everything. And as the group says, he recited al-Fatihah.
The Shaykh : Yes, they completed it by reciting al-Fatihah.
The questioner : We ask Allah for mercy.
The Shaykh : Okay.
The questioner : And everything ended, so of course, on the basis that the next day they would go to write the contract at the court. The next day, the groom, as if he saw something he did not like, and he said he wants to leave her. And of course, what is the ruling now?
The Shaykh : May Allah reward you, this returns to custom. Is this agreement that you described, which you sealed by reciting al-Fatihah as you mentioned, considered by custom a contract such that this man who proposed and agreed upon it in such a gathering, if he were to be alone with his wife, or let us say, starting with his fiancée, do they tolerate that, especially if he has intercourse with her? Do they see anything wrong with that because they consider this agreement, sealed with al-Fatihah, to be a contract, or not? What is the custom? I do not know what the custom is. You are a son of the country now, so I am asking you this question. What is your custom? Does this make her a wife such that it is permissible for him to be alone with her, and even to have intercourse with her, or not?
The questioner : Of course, from their side, no.
The Shaykh : Then the custom does not mean that this is a Shari'ah contract. Did you understand me?
The questioner : I understand you.
The Shaykh : And on that basis, if he withdraws, he owes nothing, and no material right is obligatory for his wife. This is unlike the case where it is considered a Shari'ah contract, in which case she is entitled to half of the mahr. And I believe that a case like this can be resolved amicably, but if a dispute occurs, God forbid, it will not be resolved except through the Shari'ah court.
The questioner : Yes, yes, it will, God willing, be resolved amicably. We just wanted to know the ruling in it.
The Shaykh: This is the answer.
The questioner : May Allah reward you with all good.
The Shaykh : May Allah preserve you.
The questioner : There is another question.
The Shaykh : Please.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.