If a man contracts a formal marriage with a disbeliever, we say he must contract a valid marriage. So, is the father the guardian?
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The questioner : May Allah reward you, O Shaykh. If he contracted a formal marriage...
The Shaykh : What?
The questioner : He contracted a formal marriage with her, meaning in a non-Islamic manner.
The Shaykh : Yes.
The questioner : He must contract a valid marriage. Where is... the guardian? Then the guardian...
The Shaykh : No, no. Her guardian is her father. She is a Christian and the father is a Christian.
The questioner : Her guardian can... in the Islamic manner.
The Shaykh : Huh?
The questioner : He rejects the Islamic manner.
The Shaykh : But he is willing to marry this Muslim. There are Christians there who marry Muslims. This is a reality. So the Muslim proposed to them, and they agreed, and the girl also agreed.
The questioner : What if he stipulated other than the Islamic manner?
The Shaykh : How?
The questioner : What if he stipulated other than the Islamic manner?
The Shaykh : It does not contradict [the ruling]. We leave it as a formal one, because she is not the problem at the time of the contract. The problem is that this woman cannot be given or added to him except by virtue of their contracts only. Yes?
The Shaykh : What?
The questioner : He contracted a formal marriage with her, meaning in a non-Islamic manner.
The Shaykh : Yes.
The questioner : He must contract a valid marriage. Where is... the guardian? Then the guardian...
The Shaykh : No, no. Her guardian is her father. She is a Christian and the father is a Christian.
The questioner : Her guardian can... in the Islamic manner.
The Shaykh : Huh?
The questioner : He rejects the Islamic manner.
The Shaykh : But he is willing to marry this Muslim. There are Christians there who marry Muslims. This is a reality. So the Muslim proposed to them, and they agreed, and the girl also agreed.
The questioner : What if he stipulated other than the Islamic manner?
The Shaykh : How?
The questioner : What if he stipulated other than the Islamic manner?
The Shaykh : It does not contradict [the ruling]. We leave it as a formal one, because she is not the problem at the time of the contract. The problem is that this woman cannot be given or added to him except by virtue of their contracts only. Yes?