This marriage contract must be invalidated or renewed correctly
14-9-2006 | IslamWeb
Question:
Assalam Alykum I'm sorry for giving more details, because I try my best to give exact picture of the situation. I have a friend 29 years old, her mother got divorced when she was 9 years old, she lived with her mother since then and her mother was totally responsible for her during the last 20 years, her father was supporting her but to tell the truth very few times in a year, her brother 35 years lives near his fathers house, helps his mother whenever she needs help (But after she ask for it). They all live in US. Many asked my friend's hand, but her father rejected them all because he wants her to get marry from someone in her home country. And her mother rejected those who asked her hand from her home country because she was afraid that they ask her hand to get US citizenship. Three months ago my friend knew someone from SA online, she used to talk to him in her mothers presence on the phone, and also do chating with him. They both agreed to meet and get to know each other in a country that is close to SA, so she left US to her home country first and from there she left to this country with her mother ONLY. They stayed there for 8 days, and when they returned she said that she made aqd nikah (Marriage agreement) so she is now married to this guy who she does not know anything about his family except from what he told her. She did NOT tell her father her brother or even her sister which lives with them(My friend and their mother). The ONLY person who knew about it was her mother because she went with her to meet this guy. Till now her father and brother do NOT know that she is married without dokhoul of course. My question is this allowed? Barak Allah fekom for your time and efforts, and sorry for writing to much but I found it necessary to give details that might help.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
There are some conditions which must be met for the validity of the marriage contract, and these are explained in Fatwa 83629, so please refer to it. The most important of these conditions are the consent of the guardian and the presence of two witnesses. The guardian of this woman is her father, even though he did not fulfil his obligations towards her, that does not abrogate his rights and he remains to be her guardian. Therefore, if this marriage took place without his permission, it is void and it must be invalidated, or else renewed by fulfilling the conditions of a correct marriage contract, which were mentioned above, the most important of which is the consent of the guardian.
It should be mentioned here that if a guardian objects to marry off the woman who is under his guardianship without a sound reason, then she may take the matter to the Muslim judge or whoever may act on his behalf in a non-Muslim country. If it is confirmed with the judge that her guardian is objecting to marry her off without a valid reason, then the judge may marry her off or appoint someone else to do so.
Finally, the following matters should be mentioned:
1- A guardian should not reject (without any valid reason) competent people who approach him to marry the woman under his guardianship.
2- A woman is not permitted to travel without a Mahram, and the mother is not a Mahram (i.e. a spouse or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations), rather the mother herself needs a Mahram as well. For more benefit, please refer to Fatwa 83795.
3- It is not permissible for a man and a woman to have an affectionate relationship outside marriage, For more benefit, please refer to Fataawa 85035 and 81356.
4- One should be kind and dutiful to the parents under all circumstances even if one of them or both of them are mistreating their children. For more benefit, please refer to Fatwa 87621 and 84723.
Allaah Knows best.