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The ruling of seeking approval of the woman for her marriage
Source: Tanbihaat alaa ahkaami takhtasu bil Mu’minaat (Urdu version)
Author: Shaikh Saalih Fawzaan
Translated by: Kashif bin Hazoor Khan as-Salafi and Abu Ahmad
Produced by: Waseelatus Salafiyyah (www.TheRighteousPath.com)
he conditions in which a woman is married, then she will be in one condition from amongst these three conditions:
1. Either she will be a young virgin girl who has not reached the age of puberty and who has never been married.
2. Or she will be a virgin who has reached the age of puberty who has never been married.
3. Or she will be one who has been married before.
And for each is a separate ruling.
1. About a young virgin girl who has not yet attained the age of puberty then there is no ikhtilaaf(difference) among the scholars that the father has the right to get her married without her permission, because there is no meaning in asking of the permission from a young child.
Abu Bakr (may Allah be pleased with him) married his daughter Aaisha (may Allah be pleased with her) to the Messenger (may Allah's peace and blessings be upon him) when she was just six years old and he (may Allah be pleased with him) sent her to the Prophet (may Allah's peace and blessings be upon him) when she was 9 years old. (Narrated by Imaam Bukhari and Muslim)
Imam Shawkaanee (may Allah have mercy on him) said in Nainul Awtaar v.6 p.128-129: “The mentioned hadeeth is a proof that a father has full authority to marry his daughter who has not reached the age of puberty without her permission.” And he also writes, “This hadeeth also proves that a young girl can be married to an older man. Imaam Bukhari (may Allah have mercy on him) has named a chapter in his saheeh on this same issue, and under this chapter he narrated the same hadeeth about Aaisha (may Allah be pleased with her). Haffidh ibn Hajar (may Allah have mercy on him) has related an ijmaa’ (agreement) (of the scholars) in his book Fathhul Baari about this issue.”
Allamah ibn Qudaamah (may Allah have mercy on him) writes in al-Mughni that allamah ibn Mundir states that all of the people of knowledge from whom we have taken knowledge have an ijmaa’ (agreement) on this issue that a father can marry his young daughter who has not yet reached the age of puberty ( without her consent ) on the condition that he has kept in mind the suitability and compatibility of the marriage.
I (i.e Shaykh Fawzaan) say, that marrying Aaisha to Messenger by Abu Bakr (may Allah be pleased with him) at the age when she was just six is a refutation upon those people who deny or dislike the marraying of young girls to older men. And on the basis of ignorance of the Book and the Sunnah they try to portray it in as something evil and wrong.
2. About a virgin girl or woman who has attained the age of puberty, she cannot be married off except with her approval, and her silence will be considered as approval, because of saying of the messenger: “A virgin girl cannot be married except with her permission.” So it was said, “and how is her approval?” he (saw) said: “ her silence.” (Bukhari & Muslim). Accordingly with the people of knowledge it is agreed that it is necessary to ask for permission from a woman who has reached the age of puberty, even if the one who is marrying her off is her own father.
Allahmah ibnul Qayyim (may Allah have mercy on him) says in al-Hudaa an-Nabawi v.5 p.96: “The majority of the salaf and Imaam Abu Haneefah and Imaam Ahmad (may Allah have mercy on all of them) have the same saying according to one narration, and this is what is preferred.” because this is what coincides with the commands and prohibitions of the Messenger of Allah (may Allah's peace and blessings be upon him).
3. About a woman who has been previously married, the same ruling applies that her approval is necessary for her to be married but the difference is that her approval must be explicit and clear in words “yes” or “no” as against a virgin girl or woman whose silence will be considered as a “yes”. It is mentioned in al-Mughni v.6 p.493, “We do not know of any ikhtilaaf (diffence) among the people of knowledge in this issue, that the woman who has already been married must express her consent in explicit words because there are clear ahaadeeth and also because the tongue brings out what is in the heart, and this has come in everyplace where an approval is needed."
Shaykhul Islaam ibn Taymiyyah (may Allah have mercy on him) says in Majmoo’ al-Fataawaa v.32 p.39-40, “No person has the right that he gets a woman married without her permission. This is what has been taught by the Messenger of Allah (saw). If a woman does not want to marry any person she cannot be coerced into marrying him, but a young girl who has not reached the age of puberty can be married by her father without her consent. But one who was already married cannot be married off without her permission; not by her father and not by other than him, and the Muslims have united upon this. Similarly a virgin girl or woman who has attained the age of puberty cannot be married off without her consent except by her father or grandfather. There is an agreement of Muslims on this as well. And the father and grandfather should also seek her approval. But there is a difference of opinion about this hukm (command) whether it is waajib (mandatory) or mustahab (preferable). And the correct saying is that to seek her consent is waajib (mandatory) on both of them as well. The one in authority (i.e. the father) when taking in account the man whom he is marring his daughter to must consider the fear of Allah and Taqwa as it is a must to take into consideration if that person will be compatible with his daughter. He must keep in mind the benefits that her daughter will achieve and marrying her off because of them. And he must be careful not to marry her off because of personal benefits that he may receive.”
Source: Tanbihaat alaa ahkaami takhtasu bil Mu’minaat (Urdu version)
Author: Shaikh Saalih Fawzaan
Translated by: Kashif bin Hazoor Khan as-Salafi and Abu Ahmad
Produced by: Waseelatus Salafiyyah (www.TheRighteousPath.com)
he conditions in which a woman is married, then she will be in one condition from amongst these three conditions:
1. Either she will be a young virgin girl who has not reached the age of puberty and who has never been married.
2. Or she will be a virgin who has reached the age of puberty who has never been married.
3. Or she will be one who has been married before.
And for each is a separate ruling.
1. About a young virgin girl who has not yet attained the age of puberty then there is no ikhtilaaf(difference) among the scholars that the father has the right to get her married without her permission, because there is no meaning in asking of the permission from a young child.
Abu Bakr (may Allah be pleased with him) married his daughter Aaisha (may Allah be pleased with her) to the Messenger (may Allah's peace and blessings be upon him) when she was just six years old and he (may Allah be pleased with him) sent her to the Prophet (may Allah's peace and blessings be upon him) when she was 9 years old. (Narrated by Imaam Bukhari and Muslim)
Imam Shawkaanee (may Allah have mercy on him) said in Nainul Awtaar v.6 p.128-129: “The mentioned hadeeth is a proof that a father has full authority to marry his daughter who has not reached the age of puberty without her permission.” And he also writes, “This hadeeth also proves that a young girl can be married to an older man. Imaam Bukhari (may Allah have mercy on him) has named a chapter in his saheeh on this same issue, and under this chapter he narrated the same hadeeth about Aaisha (may Allah be pleased with her). Haffidh ibn Hajar (may Allah have mercy on him) has related an ijmaa’ (agreement) (of the scholars) in his book Fathhul Baari about this issue.”
Allamah ibn Qudaamah (may Allah have mercy on him) writes in al-Mughni that allamah ibn Mundir states that all of the people of knowledge from whom we have taken knowledge have an ijmaa’ (agreement) on this issue that a father can marry his young daughter who has not yet reached the age of puberty ( without her consent ) on the condition that he has kept in mind the suitability and compatibility of the marriage.
I (i.e Shaykh Fawzaan) say, that marrying Aaisha to Messenger by Abu Bakr (may Allah be pleased with him) at the age when she was just six is a refutation upon those people who deny or dislike the marraying of young girls to older men. And on the basis of ignorance of the Book and the Sunnah they try to portray it in as something evil and wrong.
2. About a virgin girl or woman who has attained the age of puberty, she cannot be married off except with her approval, and her silence will be considered as approval, because of saying of the messenger: “A virgin girl cannot be married except with her permission.” So it was said, “and how is her approval?” he (saw) said: “ her silence.” (Bukhari & Muslim). Accordingly with the people of knowledge it is agreed that it is necessary to ask for permission from a woman who has reached the age of puberty, even if the one who is marrying her off is her own father.
Allahmah ibnul Qayyim (may Allah have mercy on him) says in al-Hudaa an-Nabawi v.5 p.96: “The majority of the salaf and Imaam Abu Haneefah and Imaam Ahmad (may Allah have mercy on all of them) have the same saying according to one narration, and this is what is preferred.” because this is what coincides with the commands and prohibitions of the Messenger of Allah (may Allah's peace and blessings be upon him).
3. About a woman who has been previously married, the same ruling applies that her approval is necessary for her to be married but the difference is that her approval must be explicit and clear in words “yes” or “no” as against a virgin girl or woman whose silence will be considered as a “yes”. It is mentioned in al-Mughni v.6 p.493, “We do not know of any ikhtilaaf (diffence) among the people of knowledge in this issue, that the woman who has already been married must express her consent in explicit words because there are clear ahaadeeth and also because the tongue brings out what is in the heart, and this has come in everyplace where an approval is needed."
Shaykhul Islaam ibn Taymiyyah (may Allah have mercy on him) says in Majmoo’ al-Fataawaa v.32 p.39-40, “No person has the right that he gets a woman married without her permission. This is what has been taught by the Messenger of Allah (saw). If a woman does not want to marry any person she cannot be coerced into marrying him, but a young girl who has not reached the age of puberty can be married by her father without her consent. But one who was already married cannot be married off without her permission; not by her father and not by other than him, and the Muslims have united upon this. Similarly a virgin girl or woman who has attained the age of puberty cannot be married off without her consent except by her father or grandfather. There is an agreement of Muslims on this as well. And the father and grandfather should also seek her approval. But there is a difference of opinion about this hukm (command) whether it is waajib (mandatory) or mustahab (preferable). And the correct saying is that to seek her consent is waajib (mandatory) on both of them as well. The one in authority (i.e. the father) when taking in account the man whom he is marring his daughter to must consider the fear of Allah and Taqwa as it is a must to take into consideration if that person will be compatible with his daughter. He must keep in mind the benefits that her daughter will achieve and marrying her off because of them. And he must be careful not to marry her off because of personal benefits that he may receive.”