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?
Question 302: Would anyone explain about Wilayah al-Takwini according to Shia? I am sunni and recently heard about it. I am so confused. Prior hearing about it i was seriously considering to convert to Shia Islam. I will be grateful if anyone explain it to me. W. Salam.
Answer 302: Wilayah is an Arabic word derived from the word (ولی). In Arabic Wilayah means the coming of something right after another, without any space existing in between them. This calls for the closeness and nearness of these two to each other. Read More
Question 612: Salam, I am a sunni Muslim and married too, I am in love with one girl she is Ahle Tashi, can you tell me what is the process of doing Muta? Please keep in mind she doesn’t have father or any other Wali over here, she is alone living with her mother and sister. Please guide me.
Answer 612: Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so. It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met, namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin. If the girl isn’t a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent (although it still isn’t mandatory). Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).
Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”
Ayatollah Sistani (ha) says: If a woman is over thirty years of age, and still virgin, and she is not independent, it is obligatory on her to seek the permission of her guardian for marriage. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.
As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible, especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.
The viewpoints of Shia scholars regarding the marriage of Shias with Sunnis are as follows:
Ayatollah Fazel Lankarani (ra): The marriage of a Muslim woman with a Non-Muslim man is batil (void), the marriage of a Shia woman with a Sunni man is makruh, the marriage of a Muslim man with a Non-Muslim woman is also void unless the marriage is a temporary one (mutah), and the marriage of a Shia man with a Sunni woman is okay.
Ayatollah Bahjat (ra): Temporary marriage with the People of the Book (Ahlul-Kitab) is correct and as an obligatory precaution it isn’t permissible to perform the marriage contract of a Shia girl or woman and Sunni man.
Ayatollah Sistani (ha): Getting married to the People of the Book isn’t permissible as an obligatory precaution. On the other hand, it is okay to get married with Sunnis if there isn’t any fear of going astray and losing Shia beliefs as a result.
Ayatollah Makarem Shirazi (ha): It isn’t permissible for a Muslim to get married to a Non-Muslim, while it is okay for Shia men to get married to Sunni women, but taken into consideration that there are chances of going astray for Shia women getting married to Sunni men, such a marriage isn’t permissible.
Note: Marriage between Shias and some “Muslim” sects such as: The Ghulat, The Nasebis and The Khawarij, who falsely claim themselves Muslim, but in reality are Kafirs, isn’t permissible.
For further information in this regards, please refer to the following answer:
Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.
Index: Premarital relation with non-Mahram is impermissible, answer 082.
Index: Looking at non-Mahram Body for Marriage, answer 611.
Index: A Shia Muslim woman cannot marry a non-Muslim man, answer 342.
Index: Essential Requirements of a Successful Marriage in Islam, answer 515.
Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.
 Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.
 Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.
 Question 1483 (website: 1530).
 Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.
Glossary 506: The difference between Mumin and Muslim
Related Code: 506
Question 276: Can someone provide the Sahih riwayahs from the Shi’i books which mention of Ash’hadu anna Ali’ un wali Ullah and the other phrase not included in conventional Aa’dhan?
Answer 276: In order to give a precise answer to the question, we shall follow up the discussion in three parts:
1) Is it basically okay to recite “Ashhadu anna alian waliullah” in Adhan or is it totally wrong and false?
2) If it is supposedly correct, is it a part of Adhan or not?
3) If it is not a part of Adhan, is there any problem in reciting it in Adhan without considering it as a part?
In order to reply to the first part of the question, it would first be necessary to deal with the meaning and import of the word “wali”.
Meaning of “wali”:
- A) Wali in the sense of being a guardian or custodian: There are many Quranic verses in which the word “wali” has been used in the same meaning e.g. “You have not besides Him any guardian or any intercessor”.
- B) Wali in the sense of being a close friend: There are also verses in the Quran with the word “wali” meaning friend. One of those verses is the following: “The good deed and the evil deed are not alike. Repel the evil deed with one which is better, then lo! he, between whom and thee there was enmity (will become) as though he was a bosom friend.”
- C) Wali in the sense of helper and aide: The Holy Quran says, “And the believers, men and women, are protecting friends one of another.”
Without doubt, there is no objection or problem in using “Waliullah” for believers in the second and third meaning (friend and helper). In fact, there are traditions transmitted by both Shiite and Sunni narrators with the word “wali” used in these meanings.
As for the first meaning, it should be said that there are many narratives in which Ali (a.s.) has been introduced as the guardian, master and more entitled to be in authority in the same way as Holy Prophet (pbuh) was. Of course, Ali is a divinely-appointed leader; he was appointed as guardian and master of the Ummah by God in the same way as Prophet Muhammad (pbuh) was appointed as the Messenger of God.
As for whether “Ashhadu anna aliyyan waliyyullah” is a part of Adhan or not, there are narrations from the Ahlulbayt (a.s.) which expressly state that Adhan consists of eighteen sentences. Those sentences are the following:
Allahu Akbar, Allahu Akbar, Allahu Akbar; Ash hadu an la ilaha illal lah, Ash hadu an la ilaha illal lah; Ash hadu anna Muhammadan Rasu lul lah, Ash hadu anna Muhammadan Rasu lul lah; Hayya’alas Salah, Hayya’alas Salah; Hayya’alal Falah, Hayya’alal Falah; Hayya’ala Khayril ‘Amal, Hayya’ala Khayril ‘Amal ; Allahu Akbar, Allahu Akbar; La ilaha illal lah; La ilaha illal lah.
Thus, “Ashhadu anna aliyyan waliyyullah” is not a part of Adhan. Shia jurists have issued verdicts on the basis of these narrations saying that the third testimony is not a part of Adhan.
Sayyid Sistani (ha) says: Ash hadu anna Amiral Mu’minina ‘Aliyyan Waliyyullah ( I testify that the Commander of the faithful, Imam Ali (AS) is the vicegerent of Allah) is not a part of either Adhan or Iqamah. But it is preferable that it is pronounced after Ash hadu anna Muhammadan Rasulul lah with the niyyat of Qurbat.
Imam Khomeini (may Allah bless him) says in this regard: “Adhan consists of the following 18 sentences: Allahu Akbar four times; Ash hadu an la ilaha illal lah; Ash hadu anna Muhammadan Rasu lul lah; Hayya’alas Salah; Hayya’alal Falah; Hayya’ala Khayril ‘Amal; Allahu Akbar; La ilaha illal lah each two times.” Then he says, “Ash hadu anna Aliyyan Waliullah is not a part of either Adhan or Iqamah.”
The next question that has to be dealt with is: Does reciting “Ashhadu anna alian waliullah” affect the prayers or not?
Obviously, there is a problem in reciting the third testimony as a part of Adhan. Some have said that if it is recited in such a way that it does not sound to be like one of the sentences of Adhan, there would be no problem. At the most, the spurious argument that is likely to be raised is that reciting the third testimony is a mere bid’ah (innovation).
Considering that bid’ah means adding to the religion what is not a part of it, if someone considers this sentence to be a part of Adhan and recites it with such an intention, it is bid’ah and forbidden. However, since none of the Shiite jurists and grand scholars considers it as a part of Adhan and if someone recites it in a way such that it does not turn out to be like one of the sentences of Adhan and Iqamah, it would not be bid’ah and there would be no problem in it.
In addition, we come across narrations in our textual resources which say that whenever a person testifies to the prophecy of Holy Prophet (pbuh), he should also testify to the successorship (wilayah) of the Commander of Faithful, peace be upon him.
In any case, the reason why Shiite jurists allows the recitation of the third testimony in Adhan, not as a part, lies in the unrestricted narratives which say: “Whenever you testify to the oneness of God and the prophecy of Muhammad, you should testify also to the mastership of Ali bin Abi Tablib (a.s.).” Since this narrative is absolute and unrestricted, it includes Adhan and Iqamah also. Therefore, whenever someone testifies to the oneness of God and prophecy of the Holy Prophet (pbuh), he will also testify to the wilayah (guardianship) of the Commander of Faithful, Ali (a.s.) and this does not at all imply that the third testimony is a part of Adhan.
Also, there are special narrations which confirm the validity of reciting the third testimony in Adhan. Hence, considering the lofty rank and position of the Commander of the Faithful, there would be no problem in reciting “Ali waliullah” in Adhan and in the Talqin (a funeral rite) of a dead body with the intention of Qurbat (seeking nearness to God) or Tabarruk (as a blessing), not as a part.
It is to be noted that many Sunni scholars admit that the sentence “al-salaatu khayrun min al-nawm” (prayer is better than sleep) is not a part of Adhan and it is one of the innovations of the second caliph. It has been reported from Malik bin Anas that the Muezzin (one who calls for prayers) went to Umar to wake him up for Fajr prayers. He saw Umar sleeping. Then he said, “al-salaatu khayrun min al-nawm”. Umar then ordered him to recite this same sentence in Adhan also.
The question is that what justifies the recitation and inclusion of this sentence (i.e. al-salaatu khayrun min al-nawm) in the Adhan for Fajr prayers by Sunnis? Is it comparable with what the Shiites are reciting and which has many narrations authenticating and confirming it?
For further information in this regards, please refer to the following answer:
 . Al-Sajdah: 4.
 . Tabari Kiyaharasi, Abul Hasan Ali bin Muhammad, Ahkaamul Quran (Al-Kiyaharasi), vol.3, pg.83, Darul Kutub al-Ilmiyah, Beirut, 1405. A.H.
 . Fussilat: 34.
 . Ibn Mazur, Muhammad bin Mukram, Lesan al-Arab, vol.15, pg.407, Dar Sadir, Beirut, 3rd edition, 1414 A.H.
 . Ibn Abi Hatam, Abdur Rahman bin Muhammad, Tafsir al-Quran al-Azim (Ibn Abi Hatam) vol.2, pg.675, published by Maktabat Nazar Mustafa al-Baz, 3rd edition, 1419 A.H.
 . Saduq, Man La-yahzuruhul Faqih, vol.1, pg.289-291, Jame’ah Mudarresin Publications, Qom, 1413 A.H.
 . Tauzihul Masail (with connotation), vol.1, pg.519, issue No.918.
 . Ibid.
 . Vide: The Third Testimony in Adhan, Iqamah and Prayers.
Question 602: Salaam! I’m a 20 years girl married to a Shia (I’m Sunni). When I married him I was married to a Christian (I’m a revert). There was not a sheikh, no witnesses and no Wali for me. My family doesn’t know about marriage. What is the ruling on getting married without permission of parents? This man started to beat me every day. Is this marriage valid?
Answer 602: According to the Shia point of view, the baligh virgin girl who can distinguish between what is to her benefit and what isn’t, must get her father’s or paternal grandfather’s (in the case of not having a father) permission if she wants to get married. In the case of her father or paternal grandfather not being present in a way that she can’t get their permission, and her having the need of getting married, their permission will no longer be a condition.  The same goes for the woman who isn’t a virgin; she doesn’t need to get permission either, if her virginity was lost to a previous husband. In the case of her virginity being lost by a mistaken intercourse, or even adultery, it is a mustahabb precaution to get permission if possible (which means it is better, although it still isn’t a condition and isn’t wajib).
Therefore, if you have already got married and your virginity was lost to the previous husband, you don’t need to get your parents’ permission. And if you recited the marriage contract your marriage with him (Shia man) is valid.
Note: There is no problem for a Shia man to marry a Sunni woman, but if he fears to be misguided by her, it is not permissible for him to do so. 
The necessity of wife’s obedience to her husband is restricted to conjugal matters and the husband does not have the right to force her to do the washing up, cleaning, cooking and the likes.
The problems concerning household chores should be solved through understanding, sincerity, cooperation, sacrifice and selflessness of both husband and wife. Therefore, the husband even does not have the right to reprimand or rebuke his wife for not doing these jobs what to speak of bullying and beating her.
The man should know that he has not brought home a maidservant or a slave woman; rather he has brought home a partner, colleague, friend and helper, one whom he can expect to be available for sexual pleasures only.
Therefore, beating is not the act that Islam has allowed it without any condition. However, we don’t know the reason which is behind why your husband beats you every day!
So, try all your best to understand each other by providing a situation and condition in which both of you can discuss about your marriage and even the reason which is behind beating you.
It should be noted that according to the teachings of Islam and the tradition of great role models of our religion the atmosphere shadowing over a marital life at home must be full of intimacy and friendship as opposed to selfishness, self-centeredness and arrogance. If a wife and husband are friends with each other, most of the issues which pose themselves as predicaments will be easily resolved.
But, if you have already discussed with him about such issues and he wouldn’t like to leave his bad actions and there is no logical and canonical reasons behind them, try to convince him visit a professional psychologist or an Islamic scholar.
For further information in this regards, please refer to the following answer:
May your life be filled with health, joy, love and happiness!
. Tawdihul-Masa’ele Maraje’, vol. 2, Pg. 387, issue 2376.
. Ibid, vol. 2, Pgs. 458-459.
. Ayatullah Vahid, Minhajul-Salehin, vol.3, issue 1298; Ayatullah Tabrizi, Minhajul-Salehin, vol.2, issue 1298; Ayatulah Nouri, Istifta’at, vol.1, question 668; Ayatullah Safi, Hidayatul-Ibad, vol.2, Al-Qawl fil Kufr; Imam Khomeini, Tahrirul-Wasilah, vol.2, Al-Qawl fil Kufr, Ayatullah Khamenei (istifta’), question 16 and 143; Ayatullah Makarem, Istifta’at, vol.1, question 708; Ayatullah Sistani, Minhajul-Salehin, vol.2, issue 215; The office of Ayatullah Fazel and Ayatullah Bahjat (narrated by Porseman).