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Introducting
Muslim Matrimonials. |
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2127
Conditions of walee (guardian)
What exactly
constitutes a guardian, as is needed in the nikkah
ceremony. I am a female Muslim, and I want to know
if my older brother is acceptable for this role.
Praise be to Allaah.
There are three pillars or conditions
for the marriage contract in Islam:
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Both parties should be free of any
obstacles that might prevent the marriage from
being valid, such as their being mahrams
of one another (i.e., close relatives who are
permanently forbidden to marry), whether this
relationship is through blood ties or through
breastfeeding (radaa) etc., or where
the man is a kaafir (non-Muslim) and the woman
is a Muslim, and so on.
-
There should be an offer or proposal
(eejaab) from the walee or the person who
is acting in his place, who should say to the
groom I marry so-and-so to you or
similar words.
-
There should be an expression of
acceptance (qabool) on the part of the
groom or whoever is acting in his place, who should
say, I accept, or similar words.
The conditions of a proper nikaah
(marriage contract) are as follows:
-
Both the bride and groom should
be clearly identified, whether by stating their
names or describing them, etc.
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Both the bride and
groom should be pleased with one another, because
the Prophet (peace
and blessings of Allaah be upon him) said: No
previously-married woman (widow or divorcee) may
be married until she has been asked about her
wishes (i.e., she should state clearly her wishes),
and no virgin should be married until her permission
has been asked (i.e., until she has agreed either
in words or by remaining silent). They asked,
O Messenger of Allaah, how is her permission
given (because she will feel very shy)?
He said: By her silence. (Reported
by al-Bukhaari, 4741)
-
The one who does
the contract on the womans behalf should
be her walee, as Allaah addressed the walees with
regard to marriage (interpretation of the meaning):
And marry those among you who are single
[al-Noor 24:32] and because the Prophet
(peace and blessings of Allaah be upon him) said:
Any woman who marries without the permission
of her walee, her marriage is invalid, her marriage
is invalid, her marriage is invalid. (Reported
by al-Tirmidhi, 1021 and others; it is a saheeh
hadeeth)
-
The marriage contract
must be witnessed, as the Prophet
(peace and blessings of Allaah be upon him) said:
There is no marriage contract except with
a walee and two witnesses. (Reported
by al-Tabaraani; see also Saheeh al-Jaami,
7558)
It is also important
that the marriage be announced, as the Prophet
(peace and blessings of Allaah be upon him) said:
Announce marriages. (Reported by
Imaam Ahmad; classed as hasan in Saheeh al-Jaami,
1027)
The conditions of the walee are as
follows:
-
He should be of sound mind
-
He should be an adult
-
He should be free (not a slave)
-
He should be of the same religion
as the bride. A kaafir cannot be the walee of
a Muslim, male or female, and a Muslim cannot
be the walee of a kaafir, male or female, but
a kaafir can be the walee of a kaafir woman for
marriage purposes, even if they are of different
religions. An apostate (one who has left Islam)
cannot be a walee for anybody.
-
He should be of good character (adaalah
includes piety, attitude, conduct, etc.),
as opposed to being corrupt. This is a condition
laid down by some scholars, although some of them
regard the outward appearance of good character
as being sufficient, and some say that it is enough
if he is judged as being able to pay proper attention
to the interests of the woman for whom he is acting
as walee in the matter of her marriage.
-
He should be male,
as the Prophet (peace
and blessings of Allaah be upon him) said: No
woman may conduct the marriage contract of another
woman, and no woman can conduct the marriage contract
on behalf of her own self, because the zaaniyah
(fornicatress, adulteress) is the one who arranges
things on her own behalf. (Reported
by Ibn Maajah, 1782; see also Saheeh al-Jaami,
7298)
-
He should be wise and mature (rushd),
which means being able to understand matters of
compatibility and the interests of marriage.
The fuqahaa put possible walees
in a certain order, and a walee who is more closely-related
should not be ignored unless there is no such person
or the relatives do not meet the specified conditions.
A womans walee is her father, then whoever her
father may have appointed before his death, then her
paternal grandfather or great-grandfather, then her
son, then her grandfathers sons or grandsons, then
her brother through both parents (full brother), then
her brother through her father, then the sons of her
brother through both parents, then the sons of her
brother through her father, then her uncle (her fathers
brother through both parents), then her fathers
brother through the father, then the sons of her fathers
brother though both parents, then the sons of her
fathers brother through the father, then whoever
is more closely related, and so on as is the
case with inheritance. The Muslim leader (or his deputy,
such as a qaadi or judge) is the walee for any woman
who does not have a walee of her own.
And Allaah knows best.
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From www.islam-qa.com by Sheikh al-Munnajjid
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"And among His Signs is this, that He created for you mates
from among yourselves, that ye may dwell in tranquillity with them,
and He has put love and mercy between your (hearts): verily in that
are Signs for those who reflect."
Quran 30:21 |
"And the believers, men and women, are protecting friends
one of another..."
Quran 9:71 |
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