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

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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

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Beating Wife / Getting married without permission of parents

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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. [1] 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).[2]

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. [3]

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:

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

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

 Index:  Rules regarding temporary or permanent marriage with people of the book, answer 080.

May your life be filled with health, joy, love and happiness!

[1]. Tawdihul-Masa’ele Maraje’, vol. 2, Pg. 387, issue 2376.

[2]. Ibid, vol. 2, Pgs. 458-459.

[3]. 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).

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Permanent or Temporary marriage of a married man without the permission of his wife

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Question 565: Salamun alaykum. I shall appreciate help with regards to the following questions please.

1) Can a married man engage in temporary marriage with or without his wife’s permission?

2) Can a married man marry a second wife without his first wife’s permission?

Thanks!

Answer 565: Islam recognizes the permissibility of a man having four permanent and concurrent wives.  The man’s second marriage while he has a permanent wife, except in the case of marriage with the wife’s niece (her brother’s daughter, or sister’s daughter)[1], is not conditional upon consent of the first wife. But, if the wife [stipulates], as a condition of the marriage, that her husband cannot marry another woman, then, according to some jurists (Fuqahā), this condition is valid and the husband should not violate it.

The following are some opinions of our maraja concerning whether the first wife can stipulate the condition or not:

Imam Khomeini, Ayatollah Bahjat, Khamenei, Fadhil Lankarani, Makarim Shirazi and Noori Hamedani: No, this condition is not valid or binding, unless there is a condition that: “the wife has power of attorney from the husband, that if the husband remarries, she can carry out divorce”, this is valid.[2]

Ayatollahs Tabrizi, Sistani and Safi Golpayegani: Yes, this condition is valid and binding, and if after the marriage, the husband does not act upon this condition and remarries, then he has committed a sin.[3]

Ayatollah Wahid: according to obligatory precaution (Ihtīyāt Wājib), this condition is not valid and binding, unless there is a condition that: ” the wife has power of attorney from the husband, that if the husband remarries, she can carry out divorce”, this is valid.[4]

Justice in dealing with polygamy: The justice that is required [in dealing with polygamy] is related to the division [of time between them] in the sense that when he spends a night with one of them then, he must spend one night each with the rest of them in every four nights.The justice that is required as a recommendation is equality in spending money, giving attention, cheerfulness, and fulfillment of their sexual needs, etc.[5]

Getting married with People of the Book: Some jurisprudential scholars are of the opinion that if a Muslim man wishes to temporarily marry a ‘Ahlul Kitab’ (People of the Book) wife, while he has a permanent Muslim wife, then the permission of that first Muslim wife is a condition upon the second marriage.[6]

For a Muslim man to marry a woman from Ahlul Kitab permanently is against the compulsory precaution in any circumstance. And his temporary marriage to a Jewish or a Christian woman is allowed, only if he is not already married to a Muslim wife. If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.

Conclusion: The man’s second permanent marriage or temporary marriage while he has a permanent wife, is not conditional upon the consent of his first wife. Unless, 1) he wants to marry his wife’s niece, 2) the woman stipulates a condition that her husband cannot marry another woman (but not according to all maraja’), 3) he wants to permanently marry a woman from Ahlul Kitab and his first wife is Muslimah.[7]

[1] . Tawzih al-Masael (annotated by Imām Khomeini), Vol. 2, p. 466.

[2] . Imam Khomeini, Istafta’at, Vol. 3, Section on rules of marriage, Q. 55. Ayatollah Makarim Shirazi, Istafta’at, Vol. 2, p. 907. Ayatollah Khamenei, Istaftā’, Q. 7.  Ayatollah Fazel, Jama‘ al-Masā’il, Vol. 1, p. 1533.  Ayatollah Noori, Istafta’at, Vol. 2, p. 637 and Ayatollah Bahjat, Tūḍīḥ al-Masā’il, Q. 2534.

[3] . Ayatollah Sistani, Minhāj al-Sālehīn, Vol. 2, Q. 333.  Ayatollah Tabrizi, Minhāj al-Sālehīn, Vol. 2, Q. 1395.  Ayatollah Safi, Jama‘ al-Ahkām, Vol. 2, Q. 5521.

[4] . Ayatollah Wahid, Minhāj al-Ṣālehīn, Vol. 3, Q. 9531. By using the Porsemān software

[5] . The official website of the office of Sayyid Sistani (ha), rules concerning Marriage, q&a.

[6] See: Siratul-Nijat, Sheikh Jawad Tabrizi, vol. 2, pg. 270. Related Question: Temporary marriage with women of the People of the Book, Question 1209.

[7] . For further information in this regards, please refer to answer 080 (Index:  Rules regarding temporary or permanent marriage with people of the book).