Marriage Without Parents Consent In Islam

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Marriage Without Parents Consent In Islam

Hadith 8: A woman should not be forced into marriage. If the guardian marries her to someone without her permission and it is not valid, the marriage contract is void.

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The Prophet (PBUH) was proud of his wife

“A girl came to our Prophet (PBUH) and told her that her father had married her against her will. Therefore, the Messenger of God (peace be upon him) [should stay with him or leave him].”

(Narrated by Ahmad (2469), Abu Dawud (2096, 2097) and Ibn Majah (1875). Shaykh Albani considered the narration authentic when he revised Sunan Abu Dawud)

1. Shaykh Ibn Uthaymeen (may God have mercy on him) and before him Shaykh al-Islam Ibn Taymiyyah said that if she has been married before, she cannot marry a man without his permission, regardless of his age or age. The Prophet (PBUH) said:

On Attaining Puberty, Muslim Girl Can Marry Without Parents’ Consent: Delhi High Court

“The girl is not given until the man gives his permission.” (Bukhari, 5136). Therefore, a girl should not get married before she reaches the age where she can consent to marriage. Ibn Shabrama said from a famous jurist: “This view is correct: A father cannot marry his daughter until she reaches puberty. And when a girl reaches marriageable age, she cannot marry unless she agrees to the marriage.” See: “Sharhul-mumtiya”, 12/57-58 and 12/28 and “Tafsiri Baqarah”, 3/139-140).

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2. He has no right to spend his daughter’s wealth until the Wali (father) gives him permission, then how can he live in the girl’s body and marry her to a marriageable person. the most dangerous of men.

3. Sheikh Fawzon said: “So, this hadith proves that he cannot marry a woman without the permission of her guardian, even if she is single.” Once she is a grown and healthy woman, no coercion will be done to her. Therefore, he has the right to choose or not. If the guardian marries without her consent, there is a possibility of staying (then the marriage is valid) because the contract is made according to her terms. But he has the option to undo the damage he has done, to continue (and accept) the contract if he wants to, or to cancel it if he wants to.

This is a very important issue, because among the scholars there are many who affirm that: “A girl’s guardian cannot be forced into marriage.”

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However, you will still find those who oppose this, saying that the guardian has the right to rape the girl. Therefore, this hadith is a clear proof that it is impossible to force him in this matter.

And also the fact that annulment of the marriage is entrusted to the guardian, because this woman belongs to the Prophet (pbuh).

“A previously married woman cannot marry after consulting and obtaining his permission, and a girl cannot marry after she has given him permission, and it is permissible to remain silent [when required]. (Reviewed by Ibn Mojah, 1871, Albani)

In both cases, a guardian is required for the marriage, the marriage is void without the guardian’s permission. Read this for women’s empowerment.

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Muslim Girls Can Marry Without Parents’ Consent On Attaining Puberty: Delhi Hc

Please leave a comment and don’t forget to share this article after reading it. May God protect you.

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A woman’s consent before marriage is obligatory and she cannot abandon herself in marriage: Shaykhul-Fawzon (Bulugul-Maram)

29 October 2014 Abu Khadijah Abdulwahid Book of Marriage, Books, Bulugh-ul-Maram, Fiqh, Marriage and Divorce Opinions that a woman’s consent before marriage is obligatory and she cannot give herself to marriage: Sheikh al-Fawzan (Bulugh al-Maram)

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Hafiz ibn Hajr (may God have mercy on him) said: 985 (English Edition, #838): It was narrated from Ibn Abbas (may God be pleased with him) that the Messenger of God (may God bless him and grant him peace) said: [Continued.

Hereditary people Ahmad Nachmi Ashari Barbahori Hereditary Fasting Fawzon Fawzan Khoj Ibn Abdul-Wahhab Ibn Usaymin Issi Jahmiya innovators Chihad Khavarich Izdivoch Muhammad b. Names and Attributes of Abdul Wahhab Ruqiya Tawheed Terrorism Umrah

Ahl al-Bi’at Ahl al-Sunnat Ahmad An-Najmi Ahmad b. hanbal asharis source of heresy bulg al-maram extreme death fasting Fawzan Fawzan Hajj ibn Abdul-Wahhab ibn Boz ibn Baz ibn Taymiyyah ibn Qayyim ibn Usaymin marriage of innovators Muhammad Jahmiya Jihad. Abdul Wahhab Name and Attributes Marriage Prayer Ramadan Prayer Rukia Salah Saudi Arabia Sharhus-Sunnah Sins Suicide Tawheed Terrorism Umrah A young Muslim girl can marry without the consent of her parents and has the right to live with her husband married according to Muslim customs.

The Delhi High Court observed that under Muhammadan law, a minor girl can marry without her parents’ permission and has the right to live with her spouse even if she is under 18 years of age.

Minor Muslim Girl Can Marry Without Consent Of Parents On Attaining Puberty– Delhi High Court

Judge Jasmeet Singh made the comments in March while defending a Muslim couple married according to Muslim customs. The couple asked that no one separate them.

The girl’s parents were against the marriage and filed a case against her under Article 363 of the Criminal Code. Sec. 376 and Sec. 6 POCSOs were added later.

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According to this girl, her parents beat her constantly, she ran away and got married of her own free will.

According to state information, the girl was born on August 2, 2006 and was only 15 years and 5 months old on the day of her marriage.

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The girl was released from her husband’s custody in April this year and was undergoing medical treatment at Delhi’s Deen Dayal Upadhyay (DDU) Hospital.

“Therefore, it is clear that according to Muhammadan law, an adult girl can marry without the consent of her parents, and even if she is under 18 years of age, she has the right to live with her husband and therefore a minor girl. “

The court ruled that the POCSO Act did not apply to the case as it was not sexual exploitation but a case where a couple fell in love, got married under Muslim law and then had a physical relationship.

“The purpose of the POCSO Act is to ensure that the law does not expose minors to violence and to protect their childhood and youth from exploitation. It is not a traditional law, but the purpose is to protect children under the age of 18. Sexual abuse”

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The court further said that legally married parties cannot divorce each other because it is a “marriage” and divorce would cause more harm to the girl and her unborn child. …… “At the same time, petitioner No. 1 (girl) should bear in mind that the environment in her house is hostile to her and her husband,” the order said.

The court accepted this request and asked the police to protect the safety of the husband and wife, the girl can freely enter her husband’s work. “The petitioners have the right to be together and the respondents Nos. 1 to 3 (Delhi Government and Police) are directed to ensure the safety and personal protection of the petitioners,” Justice Singh said.

Exclusive DNA | Jungle raj, legacy of corruption, 1 million jobs: Why it’s easier than saying “Nitish for PM in 2024” Question: Can a Muslim girl get married without her parents’ permission if she fears adultery (Zina)?

If a person fears adultery and believes that it is permissible to avoid it except for marriage, then that person’s marriage is wajib. (Durr al-Mukhtar)

Muslim Girls Can Marry Without Parents Consent On Attaining Puberty As Per Muslim Law Delhi High Court

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