Parents refuse a good man's proposal because of his past; what should the daughter do?
Summary
A young woman asked what to do when her parents turned down a proposal from a practising man because he is divorced and his parents are divorced, even though she values his religion and character. The Darul Iftaa answer, checked and approved by Mufti Ebrahim Desai, replied that her judgement of him is not yet a sound basis, since a person's true character often shows only after marriage. It said her parents have a reasonable concern because his past is known, and that their advice comes from care for her, not from wanting to make marriage difficult. She is advised to weigh their view, pray istikhara, and turn to Allah with salat-ul-haajah, dua and dhikr, without letting emotion override reason. The answer does not discuss whether the parents' consent is legally required.
More marriage questions
Can the bride's wali also be one of the witnesses at her nikah?
The asker wanted to know whether the bride's wali can also witness her appointment of a representative (wakalah) and the nikah itself, and whether the wakil can be one of the witnesses. Shaykh Yusuf Badat answered that the wali may witness both the wakalah and the nikah, as long as he is not the bride's parent, grandparent, child or grandchild. The wakil may likewise be one of the witnesses under the same condition, so the two roles do not have to be filled by different people. The answer bases this on Al-Fatawa al-Hindiyyah, which does not accept the testimony of parents and children for each other, or of spouses for each other. It does not discuss whether the wali has to be present at the nikah.
Read the full fatwa on IslamQA.orgThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
Can a nikah take place without the wali's consent, or without witnesses?
The asker wanted to know under what conditions a marriage contract can be made without the consent of the bride's guardian, or without witnesses. Shaykh Yusuf Weltch answered that a marriage made without the wali's consent is valid, but that doing so is not permitted except in a genuine, religiously recognised need. If a wali refuses without a valid reason and this causes the woman real harm, or if all her guardians are non-Muslim, a mufti may appoint a wakil to act for her. He added that the wali may still seek an annulment if she marries, without his consent, someone who is not a suitable match for her under the Shariah. Witnesses, however, are not waived: the nikah is invalid without at least two adult Muslim witnesses, either two men or one man and two women.
Read the full fatwa on IslamQA.orgThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
Can a husband require his wife to observe hijab, including the niqab?
A questioner asked whether a husband may force his wife to wear the burqa and niqab. Mufti Ebrahim Desai answered that Shariah makes the husband the guardian of his wife and requires a guardian to prevent his dependants from breaking religious rules, so a husband must see that his wife keeps the rules of hijab in front of non-mahram men. He relied on the verse about the believers' women drawing down their outer garments and the verse about protecting oneself and one's family from the Fire. The respected mufti added that the husband should be wise and diplomatic, using effective means to help her understand, and that advice about Shariah should be received without emotion. The answer is about the husband's responsibility only; it does not set out the details of the face veil.
Read the full fatwa on askimam.orgThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
