Is it permissible for a woman to write marriage contracts?

Is it permissible for a woman to write marriage contracts?

ar - en

In our country there are ladies who write marriage contracts. They work as registrars, and as such they write down marriage contracts. I know that one of the conditions for the witnesses and the wali (guardian of the bride) is that they must be male. 


Is it permissible for a woman to write the marriage contract? 


I hope that you can answer my question. Many thanks.

 

Praise be to Allaah.

The one who
writes down the marriage contract is known as the registrar or by other
titles  

This is the
one who conducts the marriage procedure in accordance with the essential
shar’i requirements, and records it in a document called ‘aqd al-nikaah
(the marriage contract). 

One of his
duties is to confirm that the bride gives her consent and agrees to this
marriage, by consulting a previously-married woman and by asking the
permission of a virgin, finding out the conditions stipulated by both
parties and ensuring that there are no impediments to the marriage. 

His duties
also include confirming whether the wali is acceptable as a wali according
to sharee’ah or not, and confirming the identity of the witnesses and
recording their testimony.

 His duties
also include documenting the nature and amount of the mahr, whether it has
been received by the bride or the wali, or not, and whether there remains
any of it to be paid at a later date, or it has been paid in full. 

Acting as a
registrar is regarded as a branch of the judiciary, in fact the registrar is
acting as a deputy of the shar’i judge (qaadi), so the registrar must
himself meet some of the conditions that are stipulated for the qaadi, the
most important of which are that he should be Muslim, male, an adult, of
sound mind and mature. 

It is
permissible for a woman to help prepare the marriage contract with regard to
the dowry and consent of both parties. But with regard to directly doing the
marriage procedure, it is not permissible for her to do that. Concerning
this there is a report from ‘Aa’ishah (may Allaah be pleased with her). 

It was
narrated that Ibn Jurayj said: When ‘Aa’ishah wanted to arrange the marriage
of one of her womenfolk, she called some of her family and would recite the
shahaadah, and when there was nothing left but the nikaah, then she would
say: “O So and so, perform the marriage, for women cannot perform
marriages.” 

Musannaf
‘Abd al-Razzaaq (6/201); classed as saheeh by
al-Haafiz Ibn Hajar in Fath al-Baari (9/186). 

It was
narrated that ‘Aa’ishah said: If a young man from among her sister’s
children liked a young women from among her brother’s children, a curtain
would be set up between them and she would speak, and if there was nothing
left but marriage she would say: “O so and so, perform the marriage, for
women cannot perform marriages.” 

Musannaf
Ibn Abi Shaybah (3/276) 

There was
also narrated from ‘Aa’ishah a report which may be misinterpreted as meaning
that a women is allowed to conduct marriages, and the Hanafis quoted it as
evidence that it is not essential to have a wali for marriage. 

It was
narrated from al-Qaasim ibn Muhammad that ‘Aa’ishah the wife of the Prophet
(peace and blessings of Allaah be upon him) married Hafsah bint ‘Abd
al-Rahmaan to al-Mundhir ibn al-Zubayr when ‘Abd al-Rahmaan was away in
Syria. When ‘Abd al-Rahmaan came he said: How could such a thing be done to
me? How could I be mistreated in such a manner?  ‘Aa’ishah spoke to
al-Mundhir ibn al-Zubayr and al-Mundhir said: That is up to ‘Abd al-Rahmaan.
‘Abd al-Rahmaan said: I would not undo something that you have decided.
Therefore Hafsah remained married to al-Mundhir and there was no divorce. 

Narrated by
Maalik (1182). Its isnaad is saheeh. 

What they
understood from this report is wrong. What the report means is in accordance
with what we have narrated from ‘Aa’ishah (may Allaah be pleased with her)
above. 

Imam Abu
Waleed al-Baaji (may Allaah have mercy on him) said: 

The words “
‘Aa’ishah married Hafsah to…” may be understood in two ways: 

1 – That she
herself did the marriage contract. This was narrated by Ibn Muzayn from
‘Eesa ibn Dinar who said: This is not the usual practice – i.e., the
practice of the people of Madeenah at the time when ‘Eesa was there –
because Maalik and the fuqaha’ of Madeenah did not regard as permissible a
marriage contract done by a woman, and it to be regarded it as invalid
whether the marriage is consummated or not.  

2 –That she
only discussed the mahr and other matters having to do with the marriage,
and appointed one of her male relatives to conduct the marriage, but the
contract was attributed to ‘Aa’ishah because she is the one who arranged it.
It was narrated that ‘Aa’ishah would arrange marriages then say: “Perform
the marriage contract, for women cannot perform the marriage contract.” This
is what is well known among the Sahaabah, that it is not valid for a woman
to perform a marriage contract for herself or for another woman. 

Al-Muntaqa Sharh al-Muwatta’ (3/251). 

Ibn ‘Abd
al-Barr (may Allaah have mercy on him) said: 

The words in
this hadeeth – ‘Aa’ishah married Hafsah, the daughter of her brother ‘Abd
al-Rahmaan, to al-Mundhir ibn al-Zubayr – are not to be taken at face value.
What is meant by the words “she married Hafsah to” is – and Allaah knows
best –the proposal of marriage and other arrangements concerning the dowry,
consent to marriage and so on, not the marriage contract itself. This is
based on the hadeeth that is narrated from her, which says that when she had
finished discussing the proposal, dowry and consent to marriage, she would
say: “Perform the marriage contract, for women cannot perform the marriage
contract.” 

He said: The
Kufis quoted as evidence the hadeeth of Maalik from ‘Abd al-Rahmaan ibn
al-Qaasim from ‘Aa’ishah that is mentioned in this chapter about it being
permissible for a woman to perform a marriage contract. 

But it
cannot be evidence because of the hadeeth of Ibn Jurayj that we have quoted,
and because ‘Aa’ishah is the last of those who quoted the Prophet
(peace and blessings of Allaah be upon him) as saying: “There can be no
marriage without a guardian.” The word wali (guardian) can only be applied
to male relatives, not women. 

Al-Istidhkaar (6/32). 

Conclusion: 

It is
permissible for a woman to arrange and prepare for a marriage but it is not
permissible for her to conduct the marriage herself, because that is the job
of the qaadi or his deputy, and one of the conditions of the qaadi is that
he should be male. 

If the
marriage contract has been performed with the consent of both parties and
the agreement of the wali, and the woman is appointed to document the
marriage contract, such as if she is an employee working in the court or
sharee’ah department, and the like, then it seems that there is nothing
wrong with that, because the marriage contract has been done, and all she is
doing is recording it in a document. 

But if she
is a witness to the marriage contract or is the one who decides the validity
of the witnesses or she is the one who conducts the marriage, instead of the
wali, then that is not permissible. 

And Allaah
knows best.

Delaying consummation of the marriage after doing the marriage contract

 

 

Delaying consummation of the marriage after doing the marriage contract

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A young man came and proposed marriage to me, but I was surprised to see his family objecting strongly to that, and they caused a great deal of trouble for him. I suggested to him that we do the marriage contract on paper for now, and we will stay apart from one another for some of the time, especially since I want to leave my current job and I have many entitlements that I cannot take unless I am married. Is there anything Islamically wrong with doing the marriage contract in this manner and delaying the consummation of the marriage?.

 

Praise be to Allaah.

Firstly: 

We ask
Allaah to help you and guide you, and to compensate you with something
better if you leave your job, and to bless you with a righteous husband who
will be a delight to you.  

Secondly: 

If the
marriage contract is done with the consent of both parties and in the
presence of the woman’s wali (guardian) and two witnesses, then it is a
valid marriage, whether the consummation takes place immediately afterwards
or it is delayed for a long time or a short time. 

The
Messenger (peace and blessings of Allaah be upon him) did the marriage
contract with ‘Aa’ishah when he was in Makkah, and he consummated the
marriage with her three years later. Narrated by al-Bukhaari (3894) and
Muslim (1422). 

Thirdly: 

It is better
for him to try and convince his parents of this marriage, because that will
be beneficial for him and for you and your children. He should try not to do
this marriage without the agreement of his family, so that it will not be a
cause of never-ending disputes and arguments or have a bad effect on your
family life. 

Fourthly: 

It should be
noted that it is not permissible for you to form a relationship with this
young man, and that the fiancé is a stranger (non-mahram) to his fiancée
until the marriage contract is done.

And Allaah
knows best.

If a man says to his fiancée, “Give yourself to me in marriage,” this is not regarded as a marriage

 

 

If a man says to his fiancée, “Give yourself to me in marriage,” this is not regarded as a marriage

ar - en

I am a young man and I proposed marriage to a girl. The engagement period lasted approximately one year, then something like what happens between a husband and a wife happened between us. There was no actual zina but I know that this is one of the degrees of zina. I said to her: “Will you give yourself to me in marriage according to the Sunnah of Allaah and His Messenger?” And she said “Yes.” Allaah and all of the Muslims are witnesses that she is my wife and she agrees with me, but there were no witnesses, until the marriage is done officially, so that whatever happens between us will not be haraam. Is this marriage permissible or not?.

 

Praise be to Allaah.

Firstly: 

The fiancé
is a stranger (non-mahram) to his fiancée and it is not permissible for him
to touch her, shake hands with her or be alone with her. The evidence that
these things are haraam is well known and is not hidden. See question no.
84089. 

What
happened between you is haraam and you must repent to Allaah, may He be
exalted, for that, by giving it up, regretting it and resolving not to do it
again in the future. You must also keep away from the things that lead to
haraam such as being in touch or corresponding, until the marriage contract
is done. 

Many people
are careless about such matters during the engagement period; this is an
evil matter which leads to things that are even worse. 

Think about
how the shaytaan toys with man until he commits zina with the one he wants
to marry. Verily to Allaah we belong and unto Him is our return. 

Think about
a marriage that starts with something haraam, and is based on haraam. How
will it be and how will it end? 

Secondly: 

The fact
that you said to your fiancée “Will you marry me according to the Sunnah of
Allaah and His Messenger” and she said yes is not regarded as a marriage and
it is worthless according to sharee’ah. It does not make permissible what
happened before it and what will come after it. Rather this is one of the
tricks of the shaytaan whereby he deceives some of those who turn away from
learning what their religion requires of them. If this were a real marriage,
why would every adulterer and adulteress fail to do it?  

A marriage
contract is not valid unless it is done in the presence of the woman’s wali
(guardian) and with his consent, because the Prophet (peace and
blessings of Allaah be upon him) said: “There is no marriage without a
wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah
(1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by
al-Albaani in Saheeh al-Tirmidhi. 

And he
(peace and blessings of Allaah be upon him) said: “Any woman who gets
married without the permission of her wali, her marriage is invalid, her
marriage is invalid, her marriage is invalid.” Narrated by Ahmad (24417),
Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in
Saheeh al-Jaami’, no. 2709. 

Allaah
describes marriage as meethaaq ghaleez (firm and strong covenant –
al-Nisa’ 4:21). It is not a game that a man plays with his friends, bringing
whomever he wants to witness his marriage to a woman who is careless about
her honour and who has sold herself, then when he has had his way with her
he leaves her with no authority over him and no way to demand maintenance
from him, then if she produces a child he is the first one to disavow
himself of him. And he does not know, perhaps she married another husband in
the same cheap manner? 

This shows
you how abhorrent are these tricks that are used in order to commit zina and
which are called marriage. Unfortunately this has become widespread among
some Muslims. We ask Allaah to keep us safe and sound.  

Finally, we
should like you to ask yourself this question: If this girl was your sister
or your daughter, would you agree to her fiancé doing that with her? 

If you would
not like it for your sister or your daughter, then other people do not like
it for their sisters and daughters either. 

Fear Allaah,
give up this haraam action, and protect the honour of the one whom you want
to be your wife in the future.  

You must
hasten to get married, so that you will be safe from committing something
haraam. 

May Allaah
help us all to do that which He loves and which pleases Him. 

And Allaah
knows best.

Ruling on doing weddings in the mosque and always starting with recitation of Quraan and exhortation

 

 

Ruling on doing weddings in the mosque and always starting with recitation of Quraan and exhortation

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What is the ruling on always doing weddings in the mosques, and having a specific format such as reciting Qur’aan at the beginning, then giving a speech, then doing the marriage contract at the end?.

 

Praise be to Allaah.

Firstly: 

The majority of fuqaha’ are of the view that it is mustahabb
to do the marriage contract in the mosque, and they quoted as evidence for
that the hadeeth: “Announce the marriage and do it in the mosque and beat
daffs for that.” Narrated by al-Tirmidhi (1089), but it is da’eef (weak) –
except the part about announcing the marriage – as al-Albaani said in
Da’eef al-Tirmidhi. 

It says in Majma’ al-Anhar (1/317): It is mustahabb to
do the marriage contract in the mosque, and to do it on a Friday, but they
differed as to whether it is makrooh to hold the wedding party there. The
best view is that it is not makrooh if it does not involve anything that is
detrimental to religious practice. End quote. 

Al-Khorashi said in Sharh Khaleel (7/71): i.e., it is
permissible to do the marriage contract (in the mosque), i.e., the proposal
and response, rather that is mustahabb. End quote. 

And it says in Nihaayat al-Muhtaaj (6/185): It is
Sunnah to get married in Shawwaal, to consummate the marriage in (Shawwaal),
to do the marriage contract in the mosque, to do it before a group of people
and to do it at the beginning of the day. End quote. 

It says in Kashshaaf al-Qinaa’ (2/368): It is
permissible to do the marriage contract in (the mosque), rather it is
mustahabb as was mentioned by some of our companions. End quote. 

Secondly: 

When doing the marriage contract in the mosque it is
essential that this does not result in any disrespect towards the mosque or
doing any reprehensible deeds therein, such as beating the daff, and no
nasheeds should be sung therein. Rather the marriage contract is enough, but
if any Qur’aan is read or a speech is given, there is nothing wrong with
that, but that should not always be done, because there is no evidence for
reading Qur’aan in wedding parties or at other times, and some of the
scholars regarded that as an innovation (bid’ah). 

Shaykh ‘Abd al-Razzaaq ‘Afeefi (may Allaah have mercy on him)
was asked about the ruling on reading Qur’aan out loud in parties and
gatherings such as wedding parties: is this an innovation? 

He replied: It is an innovation to begin gatherings
officially with recitation of Qur’aan, because there is no text concerning
that, so it should not be taken as a custom, but it is permissible to do it
sometimes. I had a disagreement with the Council of Senior Scholars when
they opened meetings with the recitation of Qur’aan. I said: This is an
innovation. This was not done by the Messenger (peace and blessings of
Allaah be upon him), whose gatherings were many, and he is the leader whose
example is to be followed. But if there is a speech which includes some
verses of Qur’aan, there is nothing wrong with that. End quote from
Fataawa wa Rasaa’il al-Shaykh ‘Abd al-Razzaaq al-‘Afeefi, p. 621. 

And Allaah knows best.

She married him after he became Muslim and now he does not pray

 

 

She married him after he became Muslim and now he does not pray

ar - en - fr

My sister married an American man who she said was a Muslim. He is an officer in the American army in one of the Arab countries. They stayed with us for a week and I did not see him pray. I advised my sister to pay attention to this matter so that her marriage would be valid but unfortunately she did not pay any attention to it and neither did he. Is this marriage valid according to sharee’ah? 


His work is against the Muslims – is that permissible?.

 

Praise be to Allaah.

Prayer is
the most important pillar of Islam after the Shahaadatayn. Not praying is
major kufr that puts one beyond the pale of Islam. The evidence for this has
been explained in the answer to question no.
5208. 

It is not
permissible for a Muslim woman to marry a man who does not pray, and it is
not permissible for her to remain married to a man who stops praying after
the marriage contract has been done. 

As this man
has recently become Muslim, it seems most likely that he does not know the
rulings of Islam or the importance of prayer, or that not praying is kufr.  

So it is
essential to explain to him the status of prayer in Islam, and that not
praying constitutes kufr, and that Islam and not praying cannot be combined.
If he starts to pray then praise be to Allaah, but if he persists in not
praying then he and his wife must be separated because he is not a Muslim. 

Secondly: 

It is very
strange that your sister did not pay attention to this matter after you
advised her. The relationship between them may not be proper according to
sharee’ah, and we do not think that she would agree to that. You have to
carry on advising her. 

What we are
afraid of is that your sister may not be praying either, which would make
the matter more serious and more complicated. 

Thirdly: 

With regard
to working for or joining the American army, the ruling on that has been
discussed in the answer to question no.
3885.

And Allaah
knows best.

She got pregnant from him after the traditional ceremony and before the official ceremony

 

 

She got pregnant from him after the traditional ceremony and before the official ceremony

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The imam of a mosque proposed marriage to a woman, on the basis that they would be engaged for five years, and he did the marriage contract with her before a number of people, but before he announced his marriage to her and before the marriage was officially registered, he had intercourse with her without her family’s knowledge, and when he decided to announce the marriage with the daff (i.e., hold a wedding party) and register the marriage officially, she was pregnant and there were only three months left until the birth. 


My questions are: 


1- What is the ruling on his marriage and what is the ruling on the child who is born as a result?


2- Is the husband regarded as having done something haraam by doing this, or not?


3- What is the ruling on praying behind this imam?.

 

Praise be to Allaah.

Firstly: 

If the
marriage contract to which you refer met the conditions of proposal and
acceptance, and the presence of the woman’s wali (guardian) and two
witnesses, and was done with the woman’s consent, then this is a valid
marriage contract with all that that entails. The woman became his wife
thereby and it is permissible for her husband to be intimate with her,
including intercourse. But if he refrained from intercourse that would have
been better, in accordance with custom and so as to avoid the negative
consequences that result from that, such as suspicion and so on, especially
since the marriage was not registered officially. 

The child
who results from this marriage is legitimate and is to be named after his
father, because it is a valid marriage. See also question no.
75026. 

But if the
marriage did not fulfil the conditions, such as if there was no wali, then
it is an invalid marriage according to the majority of fuqaha’, but the
child should still be attributed to his father. 

The one who
did this marriage contract although he knew that it was haraam, and had
intercourse after that, is a zaani (fornicator, adulterer) and is judged to
be a faasiq (rebellious evildoer) unless he repents and become righteous.  

Shaykh
al-Islam Ibn Taymiyah said in al-Fataawa al-Kubra (3/326): Whoever
has intercourse with a woman in an invalid marriage believing that she is
his wife, his child from her is to be attributed to him, according to the
consensus of the Muslims. End quote. 

Secondly: 

With regard
to praying behind him, such prayers are valid, and what has happened does
not undermine his religious commitment and he is not judged to be a faasiq
(rebellious evildoer) because of it, because if the first marriage contract
was valid, there is no problem and that does not undermine his religious
commitment. But if it was invalid – such as if it was done without a wali –
and it seems that he did that believing it to be permissible, then he is not
sinning and he is not judged to be a faasiq because of that.  

But this
imam made a mistake by hastening to consummate the marriage before
announcing the marriage and registering it officially, because that opens
the door to gossip about him and his wife, and exposes him to talk. The one
who is in a position where he is an example for people –such as an imam,
teacher, mufti, qaadi and so on – should keep away from everything that may
impugn their dignity and open the door to doubt and suspicion about them. 

May Allaah
help us all to do that which He loves and which pleases Him. 

And Allaah
knows best.

She accepted him as a husband after praying istikhaarah but he divorced her

 

 

She accepted him as a husband after praying istikhaarah but he divorced her

ar - en

A while ago a man proposed to me and I accepted him after my mother and I prayed istikharah more than once. We had our contract done, but six months later he divorced me for unknown reasons from his side. I mean unconvincing reasons like: he has cold feelings towards me after he was badly in love with me. This made me depressed and made me hate all men who do not care but about themselves. I do really hate men and I do not want to be engaged again. Because the first time everything was just fine, I mean “traditional marriage” and I prayed istikharah before I accepted this marriage.

 

Note: this man works in a bank, is it possible that Allah is punishing me because I accepted to marry one works in a bank? Despite praying istikharah more than once.

 

Praise be to Allaah.

We understand your feelings about this matter, which has
caused you hardship and pain, but it may be that it is very good for you,
and you will come to understand that later on, in sha Allaah. 

The Prophet (peace and blessings of Allaah be upon him)
said: “How wonderful is the situation of the believer, for all his affairs
are good. If something good happens to him, he gives thanks for it and that
is good for him; if something bad happens to him, he bears it with patience,
and that is good for him.” Narrated by Muslim (2999). 

The believing woman accepts the decree of Allaah and knows
that Allaah is more merciful towards her than she is herself, and that
calamities increase the believer in reward and status, if he is patient and
seeks reward. 

Secondly: 

If the young man who proposed to you was working in a
riba-based bank, then praise Allaah for having diverted him from you, and
that you did not become his wife, eating from his haraam wealth. This is the
result of istikhaarah, praise be to Allaah, because the result of
istikhaarah may not be immediately apparent, and both parties may go ahead,
then Allaah diverts one or both of them from completing the matter. You may
be completely certain that Allaah has chosen the better of the two for you,
and that what happened of making the marriage contract then divorce, is a
test from Allaah, and it is good and beneficial, even though it may cause
you some sorrow and pain. 

Undoubtedly you made a mistake when you accepted this young
man, as the first thing you should look for is religious commitment and good
character. The one who works with riba, either recording it or witnessing it
or anything else, is lacking in good character and is exposing himself to
the curse and being banished from the mercy of Allaah, so how could a
believing woman accept him as a husband and father of her children? 

Praise Allaah and give thanks to Him for this blessing, and
learn a lesson from this experience, for if a person is saved one time, he
may not be saved again. 

It is very strange for a person whom Allaah diverts away from
evil as a sign of mercy and kindness, to still be upset about his loss. 

Ibn Mas’ood (may Allaah have mercy on him) said: A person may
think of some trade or position of leadership until it is made available to
him, then Allaah looks at him and says to the angels: Divert it away from
him, for if it is made easy for him he will enter Hell. So Allaah diverts it
away from him, but he keeps saying, So and so beat me to it, So and so
humiliated me, when it is nothing more than a bounty from Allaah, may He be
glorified and exalted.” 

Thirdly: 

With regard to the frustration that has befallen you and your
determination not to go through this again, it is better for you not to have
this attitude. If a person fails once it does not mean that he will fail
every time, rather you can learn from what has happened so that it will
motivate you to make a good choice next time, on the basis of religious
commitment and good character. 

We ask Allaah to increase you in faith and piety, and to
bless you with a righteous husband and righteous offspring. 

And Allaah knows best.