The ruling on the marriage of a woman whose mother’s husband or her maternal brother gave her in marriage
Machine translationRead the Arabic original
Question:
Here is a long written message in the colloquial dialect that reached the program from Jeddah, sent by one of the sisters who indicated her name with the letters (F. A. H. N). Our sister has a case that filled a full page, which she summarized in the following points:
First: Her mother’s husband was the one who took charge of her guardianship when the contract was written, while her maternal brother was present at the marriage.
Second: Her mother’s husband...
The Shaykh: One by one... the first...
The presenter: Her mother’s husband was the one who took charge of her guardianship when the contract was written at her marriage, and her maternal brother was present?
Answer:
Neither of them is a guardian; neither her mother’s husband nor her maternal brother is a guardian in marriage. Her guardian in marriage is the 'asabah (residuary male heirs): her father, if he exists, then her son, if she has sons, then her full brother, then her paternal brother, then her full brother’s son, then her paternal brother’s son, then her full paternal uncle, then her paternal uncle, and so on, the closest to the closest. If she has no 'asabah relatives, then her guardian is the ruler; the judge marries her, because he is the deputy of the sultan, and the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2083Sahih (Al-Albani).
As for her mother’s husband, if he is not her paternal cousin, her mother’s husband, if he is not her paternal cousin, is not a guardian. Likewise, her maternal brother, if he is not her paternal cousin, is not a guardian.
However, if her mother’s husband is her paternal cousin, and there is no one closer to her than he is, then there is no harm in his giving her in marriage, because he is a paternal cousin; because he is an 'asabah, not because he is her mother’s husband. Likewise, her maternal brother, if he is her paternal cousin, and there is no 'asabah closer to her than he is, he may give her in marriage; because he is a paternal cousin, not because he is a maternal brother. And if none of that is found, then she returns to the ruler, to the Shari'ah court, and the Shari'ah court takes charge of that, either the judge takes charge of it, or the judge appoints a trustworthy person to do it. Yes.
The presenter: And in the case where the contract took place and he did not possess any valid quality?
The Shaykh: The contract is annulled, and it is renewed anew in the Shari'ah manner. It is annulled and renewed, and the husband refrains from approaching her until the contract is renewed, if he desires it, and she desires it, if they agree, the contract is renewed.
The presenter: She also says: Her mother’s husband worked to have her divorced from her husband, and he denied most of the mahr (bridal gift), and she was divorced because of him?
The Shaykh: This is for the court, this is for the court. Yes.
The presenter: He married her a second time, and he was the one who took charge of her guardianship while her maternal brother was present?
The Shaykh: The speech on this has been mentioned previously, and that it is not valid from him, nor from... except if they are her paternal cousins, and there is no one closer to her than they are; then it is permissible for the mother’s husband to take charge of giving her in marriage if he is her paternal cousin and there is no one closer to her than he is.
Likewise, the maternal brother is permitted to take charge of giving the maternal sister in marriage if he is her paternal cousin, and there is no one closer to her than he is. And if the contract is completed by the mother’s husband, and he is not a paternal cousin, or by the maternal brother, and he is not a paternal cousin, or he is a paternal cousin, but there is someone closer to her than he is; then it is annulled, and renewed anew if they desire to renew it... if the husband and wife desire to renew it.
The presenter: May Allah bless you, and may Allah reward you with good. So, is the contract considered invalid in the state mentioned if it does not possess the valid qualities?
The Shaykh: Yes.
The presenter: And she must rewrite the contract anew.
The Shaykh: Yes, with her closest guardian.
The presenter: May Allah reward you with good.
Here is a long written message in the colloquial dialect that reached the program from Jeddah, sent by one of the sisters who indicated her name with the letters (F. A. H. N). Our sister has a case that filled a full page, which she summarized in the following points:
First: Her mother’s husband was the one who took charge of her guardianship when the contract was written, while her maternal brother was present at the marriage.
Second: Her mother’s husband...
The Shaykh: One by one... the first...
The presenter: Her mother’s husband was the one who took charge of her guardianship when the contract was written at her marriage, and her maternal brother was present?
Answer:
Neither of them is a guardian; neither her mother’s husband nor her maternal brother is a guardian in marriage. Her guardian in marriage is the 'asabah (residuary male heirs): her father, if he exists, then her son, if she has sons, then her full brother, then her paternal brother, then her full brother’s son, then her paternal brother’s son, then her full paternal uncle, then her paternal uncle, and so on, the closest to the closest. If she has no 'asabah relatives, then her guardian is the ruler; the judge marries her, because he is the deputy of the sultan, and the Prophet (peace and blessings be upon him) said:
the sultan (man in authority) is the guardian of one who has none
السلطان ولي من لا ولي لهAs for her mother’s husband, if he is not her paternal cousin, her mother’s husband, if he is not her paternal cousin, is not a guardian. Likewise, her maternal brother, if he is not her paternal cousin, is not a guardian.
However, if her mother’s husband is her paternal cousin, and there is no one closer to her than he is, then there is no harm in his giving her in marriage, because he is a paternal cousin; because he is an 'asabah, not because he is her mother’s husband. Likewise, her maternal brother, if he is her paternal cousin, and there is no 'asabah closer to her than he is, he may give her in marriage; because he is a paternal cousin, not because he is a maternal brother. And if none of that is found, then she returns to the ruler, to the Shari'ah court, and the Shari'ah court takes charge of that, either the judge takes charge of it, or the judge appoints a trustworthy person to do it. Yes.
The presenter: And in the case where the contract took place and he did not possess any valid quality?
The Shaykh: The contract is annulled, and it is renewed anew in the Shari'ah manner. It is annulled and renewed, and the husband refrains from approaching her until the contract is renewed, if he desires it, and she desires it, if they agree, the contract is renewed.
The presenter: She also says: Her mother’s husband worked to have her divorced from her husband, and he denied most of the mahr (bridal gift), and she was divorced because of him?
The Shaykh: This is for the court, this is for the court. Yes.
The presenter: He married her a second time, and he was the one who took charge of her guardianship while her maternal brother was present?
The Shaykh: The speech on this has been mentioned previously, and that it is not valid from him, nor from... except if they are her paternal cousins, and there is no one closer to her than they are; then it is permissible for the mother’s husband to take charge of giving her in marriage if he is her paternal cousin and there is no one closer to her than he is.
Likewise, the maternal brother is permitted to take charge of giving the maternal sister in marriage if he is her paternal cousin, and there is no one closer to her than he is. And if the contract is completed by the mother’s husband, and he is not a paternal cousin, or by the maternal brother, and he is not a paternal cousin, or he is a paternal cousin, but there is someone closer to her than he is; then it is annulled, and renewed anew if they desire to renew it... if the husband and wife desire to renew it.
The presenter: May Allah bless you, and may Allah reward you with good. So, is the contract considered invalid in the state mentioned if it does not possess the valid qualities?
The Shaykh: Yes.
The presenter: And she must rewrite the contract anew.
The Shaykh: Yes, with her closest guardian.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.