Marriage

Shaikh Mohammed Bin Ibraheem was asked the following question:

          A man was promised by a family to marry their daughter but they married her to another man

Answer:

          Regarding the man who was engaged to the daughter of his uncle and then traveled aboard, then when his absence tool a long time, her brothers agreed to marry her off to another person.  They were not supposed to do so before they inform or discuss the matter with him, so that to he would have either married her or withdraw himself and allow them to marry her off to the other person.  But since he was only engaged to her and not signed the marriage contract (Nikah) and he was only promised by them to offer her for marriage to him after he returns from abroad and when his absence prolonged they married her off to another person and she willingly accepted, then the marriage is right and he has nothing on their side except the initial dowry which he paid to them and it is right to restore it and they have to return it to him.

Shaikh Abdel Aziz Bin Baz was asked the following question:

          Can a Muslim marry off his daughter without taking any dowry; just for achieving the consent of Allah?

Answer:

          For the purpose of marriage, money is important.  Allah says, “…………….” The prophet Mohammed (PBUH) also says for the person who wants to marry but has nothing to offer it to his would-be wife, he says, “Seek even for an iron ring “ If a person marries without paying dowry then it is necessary to give her something else such as teaching her from the useful knowledge which he possesses, because the prophet (PBUH) married off a woman who offered her self to him to a man who was not having money but was informed of Quran.  Dowry is the right of the woman but if she expresses her readiness not to take it then she is free.

Shaikh Abdel Aziz Bin Baz was asked the following question:

          Can a man married by the dowry of his daughter or his sister?

Answer:

          The dowry of his daughter or his sister is their right and part of their properties.  But if she offers it or part of it to him willingly then no problem to take it.  But if she doesn’t willingly offer it to him then it is not permissible to him to take it or part of it under the pretext that he is her father or brother.  He should not also give it or part of it to his offspring.  The prophet (PBUH) said, “the best of what you eat is from you and your offspring had gained”

Shaikh Ibn Othaimeieen was asked the following question:

          Can a dowry of a woman be delayed?  And is Zakat is must for it?

Answer:

          The delayed dowry (Sadaqa) is permitted.  Allah says, “O believers, fulfil the terms of contracts”  fulfilling contracts includes fulfilling it and its terms because what is conditioned in it is considered to be its conditions.  If the man makes delaying of dowry or part of it as a condition, it is permitted, but if the delaying was given a definite date then it would be invalid after the definite date.  But if the dowry is not delayed then divorce, death or termination of the contract all these make necessary to fulfil its terms.  A woman must give Zakat of this delayed dowry if the husband was rich but if he was poor then no Zakat on it.  If people adopt this policy of delaying dowry it would have reduced the difficulties facing youth when they want to marry.  The woman is permitted to give up the delayed dowry if she wills but if she is forced to do so under the threat of divorce if she doesn’t give-up it then paying dowry remains obligatory upon the husband.  Because it is not permitted to force her to give-up it.

Shaikh Ibn Othaimeieen was asked the following question:

          What is becomes obligatory for woman to receive dowry?  Does marriage contract makes it obligatory?

Answer:

          The woman has the right to receive dowry if the man and the woman become isolation and undergo sexual intercourse (Jimaa), it also becomes obligatory by death.  If a man sign the marriage contract (Nikah) and they become lonely and way from people, in this case the complete dowry is must even if he divorces her.  If he dies after marriage contract (Nikah) but didn’t have sexual intercourse with her still she deserves the whole dowry and if he had sexual intercourse with her, she deserves the whole dowry.  If he initials the sexual intercourse she also deserves the whole dowry.  These are the four factors which are related to dowry and makes dowry obligatory death isolation, sexual intercourse (Jimaa) and initiation of sexual intercourse.  But if a man signs the marriage contract but he did not enter to her and did not see her nor speak to her and then dies, does she deserve Dowry?  She has to undergo the period during which she should not marry (Iddah) she has the right in his heritage (Mirath) and the right to get the dowry which is equal to what she is supposed to receive if he has not defined it before he dies.  However, someone may not like this as how all these are obligatory although he did not see her nor he dealt with her sexually?  But, yes, because Allah says, “If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days” [2:234].  Therefore, this is a wife even it he did not have sexual intercourse with her, but if the man signs marriage contract (Nikah) and then divorce before having sexual intercourse with her or even before becomes lengthy with her, then does she deserve dowry?

Answer:

          She deserves half of the dowry if he has defined it and he has not defined it then she has the right of Muttaa.  Allah says, “O believers if you marry (women) believers and then divorce them before consummation, then you have no right to claim from them”  Allah also says, “And if ye divorce then before consummation but after the fixation of a dower for them, then the half of the dower (is due to them), unless they remit it or (the man’s half) is remitted by him in whose hands is the marriage tie” [2:237]

Shaikh Mohammed Ibn Ibraheem was asked the following question:

          She accepted to marry him although he older than her?

          The man subject of marriage here is fifty two years and the woman is twenty one years and she has a son from another man to whom she was married, she is willing to marry this fifty two years old man.  Her family also supports her, but some people expressed their objection on the claim that he is old & the age disparity is very wide.

If the woman willingly wants to marry him and she is conscious, wise and her family also give consent and if the mans is qualified to marry her then, according to religion there is no objection to such a marriage and whoever object it is wrong.

Shaikh Mohammed Ibn Ibraheem was asked the following question:

          A woman stayed with her husband for seven years and then she is no longer accepting him to remain as her husband.

Answer:

          According to the documents attached with the letter it is clear that the marriage contract is correct and she has already accepted him at the beginning and stayed with him for seven years, then the man should not care for the remorse which claim that she hates to remain with him.  But one can infer from the documents that she refused to marry him at the beginning and then she accepted and later on after marriage she hated him.  However, the seven years period which she stayed with him indicates that the marriage contract is correct.  But if they feel that it is difficult to continue and they are willing to divorce each other then they can do so.

Shaikh Mohammed Ibn Ibraheem was asked the following question:

          What about a girl who has been married off to a person without her consent although she was a divorced woman (not virgin)?

Answer:

          In this case the marriage is not correct because one of the conditions for the correctness of marriage is the willing of the two (men – women) to inter into a marriage contract.  However, the divorced and the widow must not be forced into a marriage contract if she has passed nine years in a single saying.