What is the ruling on my engagement to a girl who was less than fifteen years old, and when I wanted to marry her, the judge asked to see her to ensure whether she was suitable for marriage or not?
Machine translationRead the Arabic original
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : May Allah reward you, O Shaykh.
The Shaykh : May Allah keep you safe.
The questioner : The Shaykh Al-Albani.
The Shaykh: Yes.
The questioner : I want to ask you, by Allah, O our master, this question.
The Shaykh: Go ahead.
The questioner : A while ago, I wanted to marry a girl.
The Shaykh: Yes.
The questioner : Her age was under fifteen, so it was ignorance on the part of the family. She has an older sister, so they said she would go, meaning in front of the Shari'ah judge, that she would appear older.
The Shaykh : You mentioned what her age is, but you did not mention what your age is.
The questioner : Her age was fifteen years.
The Shaykh : You, you.
The questioner : My age is twenty-two years.
The Shaykh: All right.
The questioner : In front of the Shari'ah judge, we took her sister to the court.
The Shaykh : Yes.
The questioner : Her sister, on the pretext that she was, her name is Ghada, so we took her older sister on the pretext that in front of the Shari'ah judge, it would appear that she is the wife.
The Shaykh : Yes.
The questioner : But in the marriage contract, the name of her sister, who is my current wife, is written.
The Shaykh: Yes.
The questioner : So I want to ask, what is the Shari'ah's opinion on the matter? Do you understand what I mean by the matter?
The Shaykh : If you understood, I will repeat it for you.
The questioner: Yes.
The Shaykh : You engaged her when she was fifteen years old.
The questioner: Yes.
The Shaykh : And for your information, they do not allow you to marry her in the Shari'ah court.
The questioner: Yes.
The Shaykh : You took her older sister.
The questioner: Yes.
The Shaykh : And you said that this is my fiancée, so they contracted the marriage for you with her.
The questioner: Yes.
The Shaykh : Whereas the valid contract is with her younger sister.
The questioner : Yes, O Shaykh, this is the matter.
The Shaykh : So you are left asking the group who contracted the marriage for you, what is the ruling on this contract.
The questioner : I mean, I ask the Shari'ah judge.
The Shaykh : Yes, because this has to do with the Shari'ah court, fearing that harms and severe consequences may result from it, whose outcome only Allah knows. So if a mufti or scholar says it is permissible or not permissible, this matter does not advance or delay, just as is the case if the Shari'ah court rules that it is a Shari'ah marriage or not a Shari'ah marriage. So you must go to the Shari'ah court.
The questioner : The Shari'ah court, meaning the mufti.
The Shaykh : The mufti, yes.
The questioner : Because she married... her older sister married, and I married that one and I had children from her too.
The Shaykh : Yes, this is among the details of the case, so it requires returning to the Shari'ah court.
The questioner : This matter.
The Shaykh : And peace be upon you.
The questioner : My brother wants to read to you his reply, another problem.
The Shaykh : Good, if Allah wills.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : May Allah reward you, O Shaykh.
The Shaykh : May Allah keep you safe.
The questioner : The Shaykh Al-Albani.
The Shaykh: Yes.
The questioner : I want to ask you, by Allah, O our master, this question.
The Shaykh: Go ahead.
The questioner : A while ago, I wanted to marry a girl.
The Shaykh: Yes.
The questioner : Her age was under fifteen, so it was ignorance on the part of the family. She has an older sister, so they said she would go, meaning in front of the Shari'ah judge, that she would appear older.
The Shaykh : You mentioned what her age is, but you did not mention what your age is.
The questioner : Her age was fifteen years.
The Shaykh : You, you.
The questioner : My age is twenty-two years.
The Shaykh: All right.
The questioner : In front of the Shari'ah judge, we took her sister to the court.
The Shaykh : Yes.
The questioner : Her sister, on the pretext that she was, her name is Ghada, so we took her older sister on the pretext that in front of the Shari'ah judge, it would appear that she is the wife.
The Shaykh : Yes.
The questioner : But in the marriage contract, the name of her sister, who is my current wife, is written.
The Shaykh: Yes.
The questioner : So I want to ask, what is the Shari'ah's opinion on the matter? Do you understand what I mean by the matter?
The Shaykh : If you understood, I will repeat it for you.
The questioner: Yes.
The Shaykh : You engaged her when she was fifteen years old.
The questioner: Yes.
The Shaykh : And for your information, they do not allow you to marry her in the Shari'ah court.
The questioner: Yes.
The Shaykh : You took her older sister.
The questioner: Yes.
The Shaykh : And you said that this is my fiancée, so they contracted the marriage for you with her.
The questioner: Yes.
The Shaykh : Whereas the valid contract is with her younger sister.
The questioner : Yes, O Shaykh, this is the matter.
The Shaykh : So you are left asking the group who contracted the marriage for you, what is the ruling on this contract.
The questioner : I mean, I ask the Shari'ah judge.
The Shaykh : Yes, because this has to do with the Shari'ah court, fearing that harms and severe consequences may result from it, whose outcome only Allah knows. So if a mufti or scholar says it is permissible or not permissible, this matter does not advance or delay, just as is the case if the Shari'ah court rules that it is a Shari'ah marriage or not a Shari'ah marriage. So you must go to the Shari'ah court.
The questioner : The Shari'ah court, meaning the mufti.
The Shaykh : The mufti, yes.
The questioner : Because she married... her older sister married, and I married that one and I had children from her too.
The Shaykh : Yes, this is among the details of the case, so it requires returning to the Shari'ah court.
The questioner : This matter.
The Shaykh : And peace be upon you.
The questioner : My brother wants to read to you his reply, another problem.
The Shaykh : Good, if Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.