Mutah Fiqh FAQ

Question:

>From: "Anonymous Brother"

>To: mutah1@hotmail.com

>Subject: Plz solve the problem

>Date: Sat, 24 Aug 2002 15:19:41 +0000

To: mutah1@hotmail.com

Subject: Plz solve the problem

Date: Sat, 24 Aug 2002 15:19:41 +0000

 

 

Asalam-o-Alaikom,

                 As I mailed u abt mutah marriage and asked abt the parents permission and in reply you said that it is obligatory or try to convince her parents so which is not possible right now.

              

                And in that i also mentioned that i am in the taqleed of Imam Khamenai and you said that there are many other way to make her halal to me.

 

                 Before Mailing you i asked the same question from our Imam-e-Jumma he is also a very intelligent person so he told me that if  She is "Quf"  and Mutah marriage is ur and Her need and Her father is not willing without any good reason and you cannot convence him then you are allowed to do Mutah Marriage with her.

     

                   So please solve the problem because he is saying that it is halal  and i am responsible of my words.

                

                    Thanking You ,

                                                   Syed

 

 

 

 

Follow-up Answer:

From:

Question Service

   

To :   

The Mutah Matchmaker <mutah1@hotmail.com> 

  

Subject :   

Re: Fwd: Plz solve the problem 

  

Date :   

Thu, 5 Sep 2002 21:23:58 -0700 (PDT) 

  

  

Salamun Alaikum

According to Ayatullah Al-Seestani, the following circumstances exempt a woman from obtaining permission of her father or grandfather to wed:

 

1.If the woman is not a virgin (virgin in the context of this ruling means someone who has not been married before. So, if a woman loses her virginity outside marriage, i.e. through fornication, she is still a virgin)

 

2. If the woman is a virgin but the father or grandfather refuse to give her permission to marry a man who is her "kufw" i.e. compatible with her in custom and in the shariah.

 

3. If the father and the grandfather are not in anyway willing to participate in the marriage.

 

4. If they are incapacitated from giving consent, e.g. being mentally unbalanced.

 

5. If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman needs  to get married urgently. 

 

 

 

 

 

 

From: Hujjat al-Islam Sheikh 'Abd al-Hakeem Carney

Source: nikah-foundation.org

Answer: 

From:

Seth Carney

   

To :   

The Mutah Matchmaker <mutah1@hotmail.com> 

  

Subject :   

Re: Fwd: Plz solve the problem 

  

Date :   

Thu, 5 Sep 2002 13:40:56 -0700 (PDT) 

  

  

Assalamu alaikum wa r wa b --

 

In answer to your question about the permission of the

girl's father, please read our article at:

 

http://www.nikah-foundation.org/wilayat.html

 

Here we discuss and attempt to prove the opinion that

one does not need the permission of a girl's father to

marry her as long as the girl is mature and of

sound-mind.

 

Bear in mind that this article represents the opinon

of myself and of Sheikh Muhammad Jawad Maghniyah, as

well as some other scholars. It does *not* represent

the opinion of Ayatullah Khamenei. If you are a

muqallid of Ayatullah Khamenei, then this is an issue

you would have to take up with him.

  

Furthermore, all maraja' are agreed that if you are a

religious person and are suitable for the girl in

terms of financial status and so forth (that you are

not very poor and she is very rich), then even if you

ask the father and he says no, then it is permissible

for her to go against her father and marry you. This

is under the condition that you are a religious person

who does not engage in major sin, which is something

for the girl to decide about you.

 

Thank you for your question. If you have any other

questions don't hesitate to ask, and you can e-mail me

at fiqh@nikah-foundation.org.

 

Hujjat al-Islam Sheikh 'Abd al-Hakeem Carney

 

 

 

 

=====

The Nikah Foundation - Dedicated to a free and fresh understanding of marriage

in Islam. Enjoy your Islam!

http://www.nikah-foundation.org/

 

 

 

From: Representatives of Ayatullah Sayyid Ali Khamenei

Source: wilayah.org

Answer: 

From: istiftaa

Sent: Saturday, September 07, 2002 3:32 PM

To: Answering Istiftas

Subject: 11372e

 

 

Salamun `alaykum wa Rahmatullahi wa Barakatuhu.

The answer is as follows:

 

                                                                 Bismihi Ta`ala

Obtaining the permission of the father or paternal grandfather for the marriage of the virgin girl does not cease to be obligatory unless an equivalent man asked for her hand on whom the wali (guardian) did not agree and the girl was in need for marriage and there would be no other equivalent to ask for her hand on whom the wali may agree. In such a case, the permission is not necessary. Otherwise it is impermissible, as per obligatory precaution, to contract marriage without the permission of the wali.

 

With prayers for your success,

wassalam.