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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a guardian preventing his ward from entering her husband's home after the marriage contract

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Question:
We received a message from Bisha, sent by Yahya Sa'd Mukhayil al-Shahrani, who says: I married a girl, and she was seventeen years old. Then she remained with her family for another seventeen years, and I did not consummate the marriage. She loves me and I love her, but her family prevented her from the actual marriage, meaning: consummation in the known sense. Finally, I divorced her, then I proposed to another woman, and what happened with her was the same as what happened with the first. Should I divorce her? Or is there another opinion in the Shari'ah?
I would like you to know that I am married to a woman and I have children from her, and I desire to marry the second woman. May Allah guide you.

Answer:
It is obligatory for the guardians of the wife, the guardians of the woman, and her family, such as her mother, sister, maternal aunt, and the like, to assist in good, to encourage the union between the man and his wife, and not to prevent the woman from her husband, neither before the contract nor after the contract.
So when the contract is completed, it is obligatory to hasten to bring her to her husband and enable him to have access to her, so that the purpose of the marriage contract is achieved, which is the satisfaction of desire, the chastity of the private parts, lowering the gaze, and the existence of offspring and progeny for everyone. This is what is obligatory, and it is not permissible for her mother, or her father, or her guardians to prevent her from marriage, or to prevent her from entering her husband's home after the contract. This is what is obligatory upon them.
Many people—and I seek refuge in Allah—do not care about their ward, nor do they take an interest in her. Rather, they prevent her for a long time; either to have her serve in his house, or to tend his sheep, or out of anger at her mother, or anger at her for reasons that led to this. So he wrongs her, transgresses against her, and imprisons her from marriage because of the evil in his heart toward her, or toward her mother, or toward her specific siblings, or the like. And this is injustice and aggression that is not permissible. Rather, it is obligatory upon him to fear Allah, and to hasten to marry off his ward, whether he is her brother, or her father, or her paternal uncle, and not to prevent her. Then when the contract is completed, it is also obligatory that he not prevent her. Rather, it is upon him—the guardian—to hasten to bring her to her husband, or to bring him to her if the consummation is in their house. As for prevention, it is an abomination, and this is a reality among many people. They prevent their daughters and sisters for malicious, unjust reasons, either to serve his house and serve his wife, or to serve him in tending his sheep, or for other reasons. And this is undoubtedly an abomination and forbidden upon him, and a sin and injustice.
And after the contract, it is also not permissible to prevent her. Rather, it is obligatory to hasten to bring her to her husband and enable him to have access to her, so that the purpose of the marriage contract is achieved. And Allah says—(Exalted and Majestic is He):
And whoever commits injustice among you - We will make him taste a great punishment.وَمَنْ يَظْلِمْ مِنْكُمْ نُذِقْهُ عَذَابًا كَبِيرًا
[Al-Furqan: 19]. So injustice is ugly, and its evil is great. And the Prophet (peace and blessings be upon him) said:
Be on your guard against committing oppression, for oppression is a darkness on the Day of Resurrectionاتقوا الظلم، فإن الظلم ظلمات يوم القيامة
Sahih Muslim 2578
And imprisoning women from marriage—whether they are daughters, sisters, or others—is injustice and aggression. And likewise, imprisoning them after the contract, and not bringing them to their husbands, is injustice and aggression.
So I hope that whoever hears this speech of mine will convey it to others, and advise whoever he knows of this malicious act, this abomination; so he advises him for the sake of Allah, and urges him to marry off his ward, and not to imprison her unjustly and aggressively.
And upon the rulers, if they become aware of this, is to punish whoever does this. Upon the judges, the governors, and the rulers in general, it is upon them to punish whoever is known for this injustice toward his ward; for he deserves punishment as a deterrent for him and his like from this injustice. And the judge is more specific in this; for he knows of these matters what others do not know. So it is obligatory upon the judges to take an interest in this, and to rule with discretionary punishment and discipline for whoever is known for this matter, hoping for safety from this injustice for these women. Yes, and Allah is the Helper. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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