She Loves Him And He Treats Her Orphaned Daughter Kindly, But Their Families Refuse To Let Them Marry
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
I have fallen deeply in love with a very good
man, but his family vehemently reject me. The first
reason for their rejection is that I was married
before and I have a daughter. The other reason is that
I previously tricked them with a big lie but now I am
trying to make up for that lie, and I pray that Allaah
will forgive me and that they will forgive me. Now,
praise be to Allaah, I have started to adhere to Islam
more, and I have started to wear niqaab and memorize
Qur'aan, praise be to Allaah.
My question now is: is our marriage valid without his
family's agreement? Is his marriage to me considered
to be disobedience towards them? Even though we love
one another very much, and I acknowledge, praise be to
Allaah, that this person has changed me a lot and made
me more religious.
Is it permissible for me to get married without the
consent of a wali (guardian), because my father is
insisting that this man's family must agree to the
marriage before he gives his consent, otherwise he
will refuse to allow this marriage so long as this
man's family refuse to agree to it. Please note that
my father ignores me and rarely asks about me, and
this man – may Allaah reward him with good – is the
one who is taking care of me and my daughter, giving
me love and security and taking the place, for my
daughter, of her dead father. He gives her the love
and care that her own family does not give her. My
daughter and I are in great need of his love and care
towards us. I hope that you can advise us. Thank you
very much.
Praise be to Allaah.
Your question, may Allaah bless you, raises a
number of issues, some of which are mentioned in the
question and some to which attention must be drawn.
One of the issues raised in the question is that you
ask about having your father's agreement. You have to
realize that sharee'ah stipulates that there must be a
wali (guardian) in order for the marriage contract to
be valid, because there is a great deal of evidence to
that effect, such as the hadeeth in which the Prophet
(peace and blessings of Allaah be upon him) said:
"There is no (valid) nikaah (marriage) without a wali
(guardian)." (Narrated by al-Tirmidhi, 1101; Abu
Dawood, 2085; Ibn Maajah, 1881. It is saheeh as stated
in Irwa' al-Ghaleel by al-Albaani, 6/235).
There is great wisdom in what Allaah has prescribed by
stipulating that there must be a wali. For example,
the basic principle is that men are more perfect in
reason, and have more understanding of where interests
lie and they have more insight into the circumstances
of men and what is suitable for a woman, and they are
more able to take decisions, especially since a woman
may be overwhelmed and swayed by her emotions. If we
assume that there is some fault in the wali that make
him unqualified to take responsibility for the woman
under his guardianship, or he is preventing her from
getting married to a compatible man with no legitimate
shar'i reason, then guardianship passes to the next in
line, for example from the father to the grandfather.
(For more detailed information in this issue, please
see Question no. 7193).
With regard to his family's approval, this is not a
necessary condition for the marriage to be valid,
because the man is his own wali, so his marriage does
not require the agreement of his family. They have no
right to prevent him from marrying for no legitimate
shar'i reason. His concern about their approval,
especially his parents, is a good thing, and he may
gain their approval by treating his parents well and
doing whatever he can to make them agree to his
choice, and seeking the help of Allaah in that by
making du'aa', debating with them in a polite manner,
and seeking to convince them in gentle ways.
We are happy to congratulate you for Allaah's blessing
in enabling you to wear correct Islamic hijaab and to
memorize His Holy Book. We ask Allaah to make us and
you among those who act in accordance with it.
We would like to draw your attention to what you
mention in your question about "falling deeply in
love", "we love one another very much", "he gives us
love" and "My daughter and I are in great need of his
love and care towards us". You have to realize that
both Muslim men and Muslim woman must protect
themselves against the things that may lead to forming
an emotional attachment to someone who is not a
spouse, whilst accepting that people may not be able
to have full control over their emotions. But there
are many things that a person may do that may lead to
such attachments, and these are the things which are
forbidden. For example, chat between a man and woman
to converse, which may provoke these emotions and
desires. Repeated visits are also forbidden. The
Prophet (peace and blessings of Allaah be upon him)
said: "Beware of entering upon women." (Narrated by
al-Bukhaari, 4934; Muslim, 2172). These things are
forbidden in order to close the door to things that
may develop from them. The wisdom behind this is that
it prevents the formation of an emotional attachment
to a person whom it may not be easy to marry, which
would result in heartache for both parties, examples
of which are well known, both ancient and modern. This
may also distract the heart from things which are
obligatory, namely loving and obeying Allaah. Ibn al-Qayyim
spoke of the damage caused by such attachments in some
of his books, such as al-Daa' wa'l-Dawa', and
Ighaathat al-Lahfaan, which are worth reading. You can
also refer to Question no. 9465.
What we advise you to do, since Allaah has enabled you
to wear the hijaab, is to complete the hijaab of cloth
with the hijaab of the heart by taking an impartial
look at the relationship you have with him now, and
keeping away from everything that could make you form
an emotional attachment to him, such as speaking to
him, letting him visit you and your daughter, etc,
which are haraam or nearly haraam. He, since according
to what you say he is religious, should keep even
further away from such things, lest the Shaytaan
intervene between the two of you.
With regard to his kindness towards your daughter, we
ask Allaah to reward him for that, but that should not
result in any haraam action, such as his entering upon
you when there is no one else apart from your daughter
with you, because her being with you does not cancel
out the fact that you are alone together in the haraam
way which the Prophet (peace and blessings of Allaah
be upon him) warned against when he said: "No man is
alone with a (non-mahram) woman but the Shaytaan is
the third one present." (Narrated by Ahmad and by al-Tirmidhi
in his Sunan, 2091; see also Saheeh al-Jaami', 2546).
See also Question no. 2986.
With regard to your hopes for marriage to him, we
advise you to do a number of things:
1. Pray istikhaarah a great deal until your Lord
chooses for you that which is in your best interests
in this world and in the Hereafter. To learn how to
pray istikhaarah, please see question no. 2217.
2. Avoid the things mentioned here that may create an
emotional attachment, because the most important means
of attaining what one wants is adhering to sharee'ah
and keeping within its limits.
3. Strive to reduce the intensity of love referred to
in the question by understanding the dangers involved,
and focus your heart on Allaah and on pondering the
meanings of His words with which Allaah has adorned
your heart by enabling you to memorize them.
4. Try to get closer to your father, treat him kindly
and strive to honour him. Perhaps that will soften his
heart and make him want to do that which will bring
you happiness and stability.
5. Apologize to the man's family and interact with
them in a way that will show them that you regret what
you did to them. Perhaps Allaah will open their hearts
to this marriage, which will make it easier for your
father to accept the idea.
6. Prepare yourself to accept what Allaah has decreed
– even if it is not what you would like – by being
prepared for the worst case scenario, such as not
being able to get married at all, because when you
accept the worst case scenario, it loses its power to
shock you, which may lead to frustration or loss of
faith, or thinking negatively of Allaah and His
wisdom.
7. Strive to give this orphan whom Allaah has placed
in your care an Islamic upbringing, and treat her
kindly, for in bringing up and sponsoring an orphan
there is great reward which may be the means of
bringing blessings to you and divine help in all your
affairs.
We ask Allaah to perfect His blessings upon you and to
make faith steadfast in your heart and to help you to
do all that is good. May He make this marriage easy if
it is good for both of you, and may He guide us all to
the straight path. May Allaah send blessings and peace
upon our Prophet Muhammad and upon his family.
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