Father’s permission for marriage: Brother’s consent is not required

Question 076: I am 48 years old. I love a girl 44 years of age. We want to get married by nikah. The girls father has passed away. She has two brothers who will not allow her get married because she is the hard worker of their family business. She has to do all the work whereas the elder brothers do not contribute. We really want to be together through nikah, as we are deeply in love. Please, tell me what to do? So, please tell me about Father’s permission for marriage and Brother’s consent if it is required?

Answer 076: According to maraja, a rashidah virgin girl whose father passed away doesn’t need others’ permission to get married. [1] Read More


Qadha prayers of a father is obligatory on the eldest son

Question 410: Salaam. My Question is that Can son performed prayers of his late father? If possible tell me about all point of views.

Answer 410: According to most of maraja’ (ha), it is obligatory upon an eldest son to compensate all prayers have been missed by his father.

Ayatollah Sistani (ha) says: If a person did not offer some of his obligatory prayers, and did not care to give qadha, in spite of being able to do so, after his death, it is upon his eldest son, as an obligatory precaution to perform those qadha, provided that the father did not leave them as a deliberate act of transgression. If the son cannot do so, he may hire someone to perform them. The qadha prayers of his mother is not obligatory upon him, though it is better if he performs them. But, if the eldest son doubts whether or not his father had any qadha on him, he is under no obligation.

If a dying person makes a will that someone should be hired to offer his qadha prayers, and if the hired person performs them correctly, the eldest son will be free from his obligation.

As is the case with other types of worships, it is permissible to hire someone to offer prayers owed by the deceased with the intention of offering them on behalf of the deceased in the same way as it is permissible to offer the prayers owed by others voluntarily.

The person offering the prayer on behalf of another, whether against payment or voluntarily, shall do so with the intention of doing it on behalf of the other person and in place of the act of the other in order to absolve him of its liability, seeking closeness to Allah and a reward to be bestowed on the other person.

It is also a condition that the person offering the prayer on behalf of another should have the intention (Niyyat) of seeking closeness of the other person to Allah and not his own closeness to Allãh. He shall not obtain closeness to Allah (by offering prayer on behalf of an other), except when he intends by seeking closeness of the deceased to Allah to have done a noble deed and thereby obtain closeness to Allah, the Exalted (as a reward for his noble deed). So also a person may obtain closeness to Allah, as one offering prayer on behalf of another voluntarily, if his intention were such. As regards the receipt of reward by a person hired to offer prayer on behalf of another, as mentioned in some Traditions, it is merely with the beneficence of Allah. It is also obligatory to specify in his intention (Niyyat) the deceased on behalf of whom a person is offering the prayer, even if specified briefly, as saying: “on behalf of the owner of the remuneration paid”, or the like.[1]

For further information in this regards, please refer to the following answer:

Index: How to make up for Qada (missed) prayers, answer 009.

[1] . Tawzih al-Masael (with annotation of Imam Khomeini), Vol. 1, Pg. 764, Issue 1397; Ibid, Pg. 766, Q 544;  The Official Website of Sayyid Sistani (ha), rules concerning “Qadha prayers of a father is obligatory on the eldest son”;  Tahrir al-Wasilah of Imam Khomeini (ra), chapter of prayer, Rules Concerning Hiring for Offering Prayers, Pg. 258 (English version);  Wasael al-Shia, Vol. 5, Pg. 368, chapter 12;  Mostamsik Urwa-Tul-Wusqa, Vol. 7, Pg. 137; Bihar al-Anwar, Vol. 88, Pgs. 133-134.


Fiqhi rights of a father to his children upon divorce

Question 202: In the case of an Islam divorce, does the father have fiqhi rights to the children upon divorce? Does the mother have rights to keep the children until she remarries and then the children go to the father? Please, provide references.

Answer 202: According to Islam, the expenditures of the children are the responsibility of their father, although who has custody may vary depending on their age and gender.

Imam Khomeini says: “The custody of the son until two years of age and the daughter till seven years of age is the right of the mother, and after that the mother no longer has any rights regarding their custody and the father can take the children from there on. Nevertheless, the expenditures of the children are the responsibility of the father from the beginning. Also, if the mother gets married to another person during the period that she has custody, she will lose her right and the father will take custody of the children from there on.”[1]

Of course, during this time period, both the mother and father have the right to see their children.

Ayatollah Bahjat (ra) says: “During the time when the father or mother has custody of the children, if the other (who doesn’t have custody) wishes to see the child in order to give him/her something, solve his/her problems or just be beside him/her for a while, the other has no right to prevent such a thing from happening.”[2]

According to Fazil Miqdad and Allama Hilli, it is said that Sheikh Sadouq (ra) believed that kids are in custody of the mother until she marries, but we couldn’t find any reliable sources in this regards.[3]

Those traditions in which say that kids are in custody of the mother are as follows:

  1. Imam Sadiq (as):[4]

“«قال: سئل ابوعبدالله(ع) عن الرجل یطلق امراته و بینهما ولد ایهما احق بالولد؟ قال المراة احق بالولد ما لم تتزوج.»”

The above mentioned hadith is somehow more reliable than the following!

  1. The Holy Prophet (PBUH):
  2. «الام احق بحضانة ابنها ما لم تتزوج.»[5]
  3. «ان امراة جاءت الی رسول الله(ص) فقالت: یا رسول الله(ص) ان ابنی هذا کان بطنی له وعاء و ثدیی له سقاء وحجری له حواء وان اباه طلقنی واراد ان ینتزعه منی فقال: انت احق به مالم تنکحی.»[6]

It should be noted that those traditions in which say that the kid are in custody of her mother until at the age of seven years of old are Sahih.

These Hadith have the same meaning. Imam Sadiq has asked: if a man has divorced his wife and they have a child, the child is in custody of the father or mother? Imam replied: the mother until she marries. The two and third hadith were narrated from the Holy Prophet (PBUH) as He was asked in this regards and He replied as the same as Imam Sadiq (as).

For further information in this regards, please refer to the following answer:

Index: Permissibility of getting Divorce when your partner has lied, answer 295.

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

[1] . The Istifia’at (religious Q&A) of Imam Khomeini, vol. 3, pg. 209; also see: Ajwibatul-Istifta’at of Ayatullah Khamenei in farsi, question 1504, pg. 339.

[2] . Tawdhihul-Masa’el (of Imam Khomeini), vol. 2, pg. 516, issue 1986.

[3] . “al-Tanqih al-Raye”, Vol. 3, pg. 271; “Mokhtalif al-Shia”, Vol. 2, pg. 577.

[4] . Wasael al-Shia, Vol. 15, Pg. 191.

[5] . Jawaher al-Kalam, Vol. 31, Pg. 289.

[6] . Al-Fiqh al-Islami wa Adelatohu, Vol. 15, Pg. 192, Hadith 6.