My question as follows if some one make marriage contract with a virgin woman, that kind of contract not acceptable without the presence of her wali/parent(Father).
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One of our brothers/sisters has asked
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Dear
Brother,
i am
very much delighted to have this remarkable chance to express my question,
first i would like to thank you for your guidance to all umaa who has question
related to our religion Muslim.
my
question as follows if some one make marriage contract with a virgin woman,
that kind of contract not acceptable without the presence of her
wali/parent(Father).
1)OK
when the time of engagement the man who marry the girl her father and two or
three witness must be available.
if the
above mentioned is correct where the bottom line who will decide for dowry/meher
is it the father or the girl.
and if
the father decide the dowry of his daughter in presence of the witness and the
person who marry the girl agree with what they decide in dowry but at that
moment he didn't clear the dowry is it allowed for a man to sleep with the girl
and pay the dowry letter.
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Answer:
Determination of
mehr
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
May Allah Subhanah reward you with the best of this world
and the Hereafter for your kind comments of encouragement for our humble
efforts in the propagation of the Truth.
If our humble and modest efforts have helped even one brother or sister
get closer to Allah and His Deen of Truth, then we would consider ourselves
indeed fortunate to have been given this opportunity by the Lord Most Merciful
to serve in His Cause. We hope, beg, and
pray the Merciful Lord accepts our humble and weak efforts, forgives us our
shortcomings, and saves you, us, and all the believers from the torment of the Hell
Fire. Ameen.
Your
Question: ….who will decide for dowry/meher is it the father or the girl.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 4:
4 And give the women (on marriage) their dower (mehr) as a free gift;
but if they of their own good pleasure remit any part of it to you take it and
enjoy it with right good cheer.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 24:
24 Also (prohibited are) women already married except those whom your
right hands possess. Thus hath Allah
ordained (prohibitions) against you: except for these all others are lawful
provided ye seek (them in marriage) with gifts (mehr) from your property
desiring chastity not lust. Seeing that
ye derive benefit from them give them their dowers (at least) as prescribed;
but if after a dower is prescribed ye agree mutually (to vary it) there is no
blame on you and Allah is All-Knowing All-Wise.
The amount of ‘Mehr’ in Islam is either offered by the
groom and accepted by the bride (with consent and agreement of her
guardians/parents), or an amount demanded by the bride (with consent and
agreement of her guardians/parents) and accepted by the groom. Although in Islamic Law the final decision of
how much ‘mehr’ is acceptable is the decision and sole right of the bride
alone, this decision is best taken by the bride with the consent of her father
or guardian. The bride alone has the
sole rights to the ‘mehr’ amount, and she may spend that amount on whoever and
whatever she wills and pleases.
Your
Question: ….and if the father decide the dowry of his daughter in presence of
the witness and the person who marry the girl agree with what they decide in
dowry but at that moment he didn't clear the dowry is it allowed for a man to
sleep with the girl and pay the dowry letter.
The determination of ‘Mehr’ is an obligatory condition of
an Islamic marriage, and is a right that Allah Subhanah has commanded the
believing man to gift to his wife at the time of marriage.
It would indeed be considered righteousness for the
believer to pay the determined ‘mehr’ to his wife at the time of marriage; but
if the wife agrees to accept the ‘mehr’ at a later date, or in installments,
etc., she is well within her rights in Islam to do so. She even has a right, if of her own free
will, she chooses to forgive her husband the mehr (part or full) amount he owes
her! The wife is the sole owner of the
‘mehr’ amount and she may do with that amount whatever she wishes.
As long as the ‘mehr’ amount was determined at the time of
‘nikaah’ and agreed by both parties, regardless of whether the husband actually
paid the determined amount of ‘mehr’ to his wife or not at the time of
marriage, the condition of the determination of ‘mehr’ would have been deemed
honored in the Sight of Shariah….and the husband and wife are at absolute
liberty to enjoy conjugal relations with each other in their marriage.
If the husband agrees to pay an amount as the ‘mehr’ to
his wife at the time of his marriage, and does not pay his wife her right, nor
gets it forgiven by her before her death, then it will remain as an unpaid debt
upon him…. and he will have to repay that debt unto his wife with his good
deeds on the Day of Judgment!
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and
well wisher in Islam,
Burhan