post

A Shia woman cannot marry a Sunni man?

by Posted in All Q&A, Islamic Laws, Marriage Tagged , , , , , , , , ,

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[1] (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).[2]

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.”[3]

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.[4]

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,[5] 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: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.

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.

[1] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.

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

[3] Question 1483 (website: 1530).

[4] . The official website of Sayyid Sistani (ha), Q&A: Permanent Marriage.

[5] 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.

post

Beating Wife / Getting married without permission of parents

by Posted in All Q&A, Islamic Laws, Marriage Tagged , , , , , , , , ,

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).

post

Permissibility of a Father giving Daughters Picture to Non-Mahram

by Posted in All Q&A, Looking at non-Mahram, Marriage Tagged , , , , ,

Question 084: What’s the ruling about parents giving Daughters Picture to Non-Mahram (suitor) or his family, without asking the daughter for her opinion, if she agrees to marry the boy or not? If the matter is rejected, what would be the ruling of the pictures (of the girl with and without hijab)? What’s the ruling of exchanging pictures with the intention of marriage between families, not caring if the matter would be rejected or not?

Answer 084: There is a right for the father to intervene, like the right of getting married for a virgin girl and the like, then it is quite obvious that his order must be carried out.[1] So, there would be no problem for a father to give his daughter’s picture to a family (covered one) or a boy (with or without hijab) in this regards.

Note: If a girl comes of age, reaching the age of bulugh and obligation, and is rashidah (meaning that she can tell what is to her benefit and what isn’t), she needs to get her father or grandfather’s (in the case of not having a father) permission if she is a virgin. If she isn’t a virgin as a result of legitimate intercourse [with a permanent or temporary husband], there is no longer any need for her father or grandfather’s permission.[2]

The following are some important rules we are recommended to take them into consideration:

Giving One’s Picture to a Non-Mahram

  1. There is no objection to a boy seeing your picture, if he has a genuine intention to marry you. 2. It is haram for him to look at your picture with lust. 3. If you do not want him to keep your picture with him, he must return you the picture and he does not have the right to keep it. 4. If the picture has no hijab, they would commit sin by seeing your picture without your permission.

The grand maraja’ answer in this regards (giving veiled (with hijab) picture to a boy whom he decided to marry you) is as follows:

Khamenei: There is no problem in it per se.

Makarem Shirazi: There is no problem in it in the said case.

Saafi Gulpaigani: If the man intends to marry her, he can see your picture but try not to let the picture remain with a non-mahram.

Rules regarding Looking at a Woman’s Body for Marriage – It is permissible for a man to look at a woman whom he intends to marry provided that:

– It is not with the intention of pleasure.

– It is to find out about her beauty or her defects.

– There should not be any barrier or hurdle to the marriage.

– He considers it problem that the girl will not reject him[3], in which case he can look at a woman’s face, hands up to the wrists, hair and a part of her body (neck and upper part of the chest).[4]

It should be noted that Grand Ayatollah Saafi believes that, “As an obligatory precaution, he must suffice to looking at her face and hands up to the wrists”.[5]

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

Index:  Premarital relation with non-Mahram is impermissible, answer 082.

[1] . See: Wasa’ilul-Shia, vol. 14, pp. 11-120.

[2] . Tawdhihul-Masa’ele of Maraje’, Vol.2, Pg. 387, question 2376.

[3] . Khamenei, Sayyid Ali, Ajwebat al-Istefaat, question 525; Sistani, Sayyid ali, Minhaj al-Salehin, vol.2, Nikah (Marriage), issue No. 28; Bahjat, Muhammad Taqi, Resalah Tawzih al-Masail, issue No.1944; Makarem Shirazi, Naser, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No, 26; Fazel Lankarani, Muhammad, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No. 26.

[4] . Makarem Shirazi, Naser, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No, 26; Ali bin Abi Talib Religious School, Qom; Sistani, Sayyid Ali, Minhaj al-Saalehin, vol.2, Nikah, issue No. 28; Tabrizi, Jawad, Isteftaat, question 1580, p. 355, Sarwar Publications, Sitara Publications, 3rd edition, 1385 (2006); Bahjat, Muhammad Taqi, Resalah, Tawzih al-Masail, issue No. 1944, p. 386, Publications of the Office of the Supreme Leader, Amir Printing Press, 18th edition,Qom, 1378 (1999). Tawzih al-Masail (with annotation by Imam Khomeini) vol.2, p. 485, issue No. 2433; Imam Khomeini, Sayyid Rohullah, Tahrir al-Wasilah, vol.2, Nikah (marriage), issue No. 28, Payam Printing House, fifth edition, 1365 (1986).

[5] . Saafi, Lotfullah, Hidayat al-‘Ibad, vol.2, Nikah (Marriage), issue No. 28. Adopted from answer        26645 IQ.