Kind: captions
Language: en
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But Foreignul.
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When we speak about the guardian, who is
the guardian?
Islam has a hierarchy
and the guardian in normal conditions
would be the father.
Then if there is no father, if he's
dead,
the one second command would be his
father.
And all the go the guardians of a woman
must be from her paternal side.
Never ever the maternal side can be a
guardians.
So her maternal
grandfather can never be her guardian.
Always the guardian is the man
carrying the same family name.
So the father if he's dead,
the paternal grandfather or even higher
depending if presumably hypothetically
he's alive.
If the
parents, the father and the grandfather
are not alive, the second or the third
would be her son.
her son more important than her brother
and her uncles. And yes, if the father
and the grandfather are not alive or
available, then the son would give his
mother in marriage.
And
one would argue and say, well, the son
is not carrying her name,
so he's from a different family. And you
just said he has to carry the name. No.
When we talk about blood relatives other
than the son is the most person on earth
after the father who would take care of
his mother and know her best of
interests.
So if the sun is not there then the
grandsons
even if they go downwards
if no parent if no father no son then we
go to the brother
and the brother has to be her full
brother
meaning from the same father and the
same mother. If the she didn't have any
then we shift to half brothers
from the father's side only.
A brother from the mother's side does
not work. He can't be a guardian.
If she has no father, no son,
no brothers, we go to her nephews,
paternal nephews.
And if because one would say why the
paternal nephew because she is their
aunt
paternal aunt and they would take care
of her more
than the one afterwards. If they she has
no nephews then her paternal uncles.
If no paternal uncles then her paternal
cousins.
And we see that the circle is getting
wider and wider.
Assuming that the closest to her is not
fit. So her father is a drunkard
is someone who is mis mischievous.
Doesn't care if his well actually he
encourages his daughter to go on dates
and to mix with non maham men.
Definitely he's not fit to be a
guardian.
What to do? We have to go to the next in
line to the son.
If his father is not alive, if her
paternal grandfather is not alive, we go
to the son. If she doesn't have sons,
she's still a young girl, we go to the
brothers and so on.
So if the one in line is not fit, we go
to the following one in order. What
happens if she doesn't have anyone?
Example, someone who is a revert.
She just reverted to Islam. All of her
kinship are disbelievers.
In this case, we move on to the Muslim
ruler or the Muslim judge in that
country or that area.
Because this is what the prophet
sallallahu alaihi wasallam commanded us
when he said and if a woman does not
have a guardian then the ruler is the
guardian for whomever does not have a
guardian
and what happens if there is no Muslim
ruler no Muslim judge no Islamic center
come on where are you
in Siberia.
Maybe
if you live in a community
where there is no such thing as a Muslim
ruler, judge or an Islamic center and
there is no Muslim imam representative
for the community
but we have a group of Muslims then they
should appoint among them one who would
become her guardian. someone who's
trustworthy, someone who is
wise with her permission and he would
become her guardian and he would give
her off in uh marriage.
Now the fourth
condition
for the validity of the marriage
contract is to have a witness.
So
someone
needs to testify
and to witness the marriage. Why? The
prophet said, "There is no marriage
accepted with
unless it's with a guardian and two
witnesses of good character."
So many times I get cases
of a woman say stating I was in college
and
I met a boy and we fell in love our
parents would never allow this marriage
to take place. So he said to me,
"Give me yourself in marriage and I will
accept your marriage and Allah is our
witness." So I did so and we got married
and we lived together for two years and
now he's divorcing me. What's the ruling
on that sheh? That divorce doesn't take
place. Why? Because you were not
married.
What we were living for together for two
years. This was zena.
The prophet said, "There is no marriage
except with a guardian." And you did not
marry without with a guardian. And he
said, "And two witnesses of good
character." And he did not marry with
witnesses at all. So this is invalid
marriage.
And this is why there has to be two male
Muslim witnesses testifying for this
marriage.
And this is what the majority of
scholars say according to the hadith.
Shehikh
has
an even stronger opinion.
He says two
male witnesses
while announcing the marriage everywhere
is valid.
Announcing the marriage publicly
without identifying two
male Muslim witnesses is definitely
valid because this exceeds the
requirements.
However, only two male witnesses present
and the marriage is not announced.
I have second thoughts of the validity
of the marriage.
So, she
goes to a stronger
opinion stating that no, you can't
conceal the marriage
and keep it private. Stating that, oh,
we're married because we have two male
witnesses, but I don't want your family
to know. I don't want his family to
know. I don't want our colleagues at
work to know.
Ibamia says that no this is not I I have
my doubts in the validity of such a
marriage. Why? Because the prophet
saidatam
announce the marriage. It has to be
announced. And how do we announce it?
throwing a party,
having a wedding, it is sunnah for women
to beat the dof, which is the hand drum,
and sing permissible songs and enjoy the
night,
like saying songs that have halal lyrics
without any vulgar or indecent words.
All of this to announce the marriage
among the near and far among those in
public or in private to acknowledge that
the marriage has taken place.
Aisha reports may Allah be pleased with
her that a bride was given to a man
among the Ansar. So the prophet said,
"Oh Aisha, did you not have any
entertainment?"
The Ansar are fond of entertainment.
So when she said, "No, we did not have
anything that was entertaining such as
beating the do and singing and dancing
and the likes." The prophet sallallahu
alaihi wasallam said that this was not
the right thing to do because the Ansar
loves such entertainment.
Now having said that
we see a lot of
objection objectionable matters in
weddings.
We see Muslims and this is almost
becoming the norm insisting on having
weddings freely mixed. Men and women
come they dine together they sit on the
same table they mix. Sometimes they
dance and they have dancing floor
musical bands.
Sometimes they have a toast with liquor
and haram and champagne and the what is
this?
All of this is following the footsteps
of shan in imitating the disbelievers.
All of this is haram.
The minimum haram found nowadays in
weddings is the presence of
music
songs. Some weddings arrange a DJ to
come and mix the songs and they have
these celebrations and it's all haram.
Why would you begin your night?
which you want to be the beginning of a
blessed life and marriage with haram.
This is not logical. Imam Malik, Imam
Shafi, Imam Ahmed, all of them condemned
the presence of such musical
instruments.
And the Hanafi school of thought went a
little bit overboard when they said that
enjoying it would be kufur
which is a bit extreme but it shows you
that the four schools of thought
prohibit the presence of such musical
instruments which are now becoming the
norm. Shan has infested the hearts of
people with these musical instruments
and songs and filled their weddings with
not only their weddings, even their
lives with it. In addition to free
mixing, women coming with the best of
their attire, showing their flesh,
showing their makeup,
no Muslim man would allow his daughter
or his sister or his wife to come out in
front of men, snapping pictures of her,
enjoying how beautiful or ugly she is
like that. It is not totally
permissible. May Allahel save the Muslim
um from such haram.
for
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Foreign
speech. Foreign speech. Foreign speech.
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