Reduced Inheritance of Daughter Who Married Without Permission

6-1-2002 | IslamWeb

Question:

My daughter married without permission at the age of 17 to a dangerous person, as he forged his immigration documents and receives unlawful state benefit. In other words she married against the wishes of her parents, family and friends. She disgraced us and the boy has humiliated us to a great extent. As a result we deprived her of inheritance partly because this money might go to her husband. We only bequeathed to her a few gold gifts. Did we commit a sin? Is it a sin too that I, as her mother, wish that she might realize she committed a mistake and leave that man and come back to us? I do not know even if her marriage is legal as her father was not with her and we both strongly disagree with this man and for valid reasons. Please help me; I need some answers.

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Any woman, who gets married without the consent of her Wali (guardian), her marriage is invalid, her marriage is invalid, her marriage is invalid.” [Abu Daawood and At-Tirmithi]

This is the view of the majority of the Muslim scholars. Therefore, if this girl married herself off, then this marriage in invalid so her father should try his best to cancel this relation using all possible ways. But it is not permissible to deprive her of inheritance as Allah Says (what means): {… and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share.} [Quran 4:7]

The Muslim scholars established the fact that the share of a person in inheritance is not merely a choice; rather, it is an indispensable matter in the Sharee’h. Even a person who is eligible for inheritance is not permitted to give up his share. If he does not want his share, he should take it and then give it to others as charity.

Allah knows best.

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