The bequest to marry the daughter to her cousin
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Question: My father (may Allah have mercy on him) left a bequest, the substance of which was: to contract my marriage to my cousin. My father did not ask me for my opinion regarding this person before his death, as illness and then death prevented him from knowing my opinion. As for the person in question, when he opened the subject with me, I made it clear to him that I hold for him nothing but feelings of brotherhood and kinship.
Your Eminence: Will I be in violation of the Shari'ah? Or is there undutifulness to parents if I do not marry this man, knowing that my heart inclines toward another relative who respects me and holds for me all affection and appreciation? Please inform us, may Allah reward you with good, and may He do you good.
Answer: You are not obligated to carry out the aforementioned bequest; due to the saying of the Prophet (peace and blessings be upon him):Jami` at-Tirmidhi 1107Sahih (Darussalam), and in another wording: We advise you to seek guidance from Allah (Glorified and Exalted is He) and to consult those in whom you have confidence; among your relatives, or others who are knowledgeable about the circumstances of the two individuals. May Allah make everything good for you.
Your Eminence: Will I be in violation of the Shari'ah? Or is there undutifulness to parents if I do not marry this man, knowing that my heart inclines toward another relative who respects me and holds for me all affection and appreciation? Please inform us, may Allah reward you with good, and may He do you good.
Answer: You are not obligated to carry out the aforementioned bequest; due to the saying of the Prophet (peace and blessings be upon him):
a virgin should not be given in marriage until her permission is sought
لا تنكح البكر حتى تستأذنAnd the virgin is asked for her permission, and her permission is her silence
والبكر يستأذنها أبوها، وإذنها صماتها
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
