I am no Islamic Jurist. As a layman following questions come to my mind.  Could the more knowledgeable please enlighten me on these?

 

1.    Is girl's consent necessary for Nikkah in Islam or not? 

        In other words, can she be forced to marry against her will?

 

The girl consented to her father about an employee.

(Al-Kitaab C:28 V:26) Said one of the (damsels): "O my (dear) father! engage him on wages: truly the best of men for you to employ is the (man) who is strong and trusty"....

 

The father after learning the qualities of employee from his daughter ie, Strong & Trustworthy, offered the man to be his son-in-law, along with mehr (wulver in N.W.F.P).

 

(Al-Kitaab C:28 V:27) He said: "I intend to wed one of these my daughters to you, on condition that you serve me for eight years; but if you complete ten years, it will be (grace) from you. But I intend not to place youe under a difficulty: you will find me, indeed, if Allah wills, one of the righteous."

 

2.    If not, what if she doesn't consent to Kafeels' proposal/recommendation and wants to marry of her own accord?

 

Consent of Kafeels'  

(Al-Kitaab C:4 V:25) If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah has full knowledge about your faith. Ye are one from another: Wed them (fa'inkihoo'hun'na ) with the permission of (bi-ithni ) their people (ahli'hin'na), and give them their dowers, according to what is reasonable: They should be chaste, not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practise self-restraint. And Allah is Oft-forgiving, Most Merciful.

 

Divorcee can offer without the Consent of Kafeel

(Al-Kitaab C:4 V:25)  When you divorce women, and they fulfil the term of their ('Iddat), do not prevent them from marrying their mates, if they mutually agree on equitable terms. This instruction is for all among you, who believe in Allah and the Last Day. That is (the course Making for) most virtue and purity amongst you and Allah knows, and you know not.

 

3.    In case the girl and the Kafeel do not agree on the same person, whose wish should finally prevail?

In the light of above two Ayaats :-

1. If girl is virgin then consent of her father or kafeel will prevail, girl should obey that if she is mou'mina.

2. If girl is divorcee then woman's consent will prevail, kafeel has no right to intervene.

 

        (Mind you Girl's consent is necessary)

 

STILL MORE IMPORTANT:

3.    Is Nikkah Farz  or Sunnah?

 

Creation of Man & his mate to spread humanity on the earth.

(Al-Kitaab C:7 V:189) O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them scattered (like seeds) countless men and women;- reverence Allah, through whom ye demand your mutual (rights), and (reverence) the wombs (That bore you): for Allah ever watches over you.

 

Man reside with her this cause her pregnancy to get child.

(Al-Kitaab C:7 V:189) It is He Who created you from a single person, and made his mate of like nature, in order that he might reside with her. When they are united, she bears a pregnancy light and carries it about (unnoticed). When she grows heavy, they both pray to Allah their Lord, (saying): "If Thou givest us a goodly child, we vow we shall (ever) be grateful."

 

Man who is mou'min only can reside with a woman in a marriage bond (Farz),

(Al-Kitaab C:23 V:5 & 6) Who abstain from sex, (5) Except with those joined to them in the marriage bond, or whom their right hands possess,- for (in their case) they are free from blame(of fornication), (6)

 

Else he is blamed of fornication.

(Al-Kitaab C:25 V:68)  Those who invoke not, with Allah, any other god, nor slay such life as Allah has made sacred except for just cause, nor commit fornication; - and any that does this (not only) meets punishment.

 

4.    If Sunnah, (whatever type of Sunnah - Kabeer or Moaqqada etc.)

       what if one doesn't follow it and goes for a court marraige or has four witness etc. without the ritual of a mullah or the parent or some other elder reciting the Nikkah kalimat, as long as there are witnesses (2 or 4 as required) to the couple going for the union?

 

If the Authority of Rituals or practice in vogue does not surpass the commandments of ALLAH and is neither disputed by the people then its ok but IF........................!.

(Al-Kitaab C:4 V:59) O ye who trust (in Allah's Commandments)! follow Allah, and follow the Messenger, and those charged with authority among you. If you differ in anything among yourselves (you & authority among you), refer it to Allah and His Messenger, if you do believe in Allah and the Last Day: That is best, and most suitable for final determination.

 

OR still Hypothetically:  There is a ship wreck and the only survivors washed ashore on a deserted island are young man and a young woman. Both are Muslims.  Can they marry eachother without Kafeels, Mullahs and other witnesses, after having stayed there for long and with no hope of their evry being resued? They do not know what to recite in Arabic for their nikkah.

Yes you answer is abovementioned Ayat (Al-Kitaab C:23 V:5 & 6)

 

If yes, they can marry, how will their marriage be performed and by who?

Purpose of marriage is for chaste woman or those whom your right hands possess:  

(Al-Kitaab C:4 V:25) .................They should be chaste, not lustful, nor taking paramours: ...............

 

& witness !

(Al-Kitaab C:6 V:19) Say: "Which thing is greatest in evidence?" Say: "Allah is witness between me and you; This Qur'an hath been revealed to me by inspiration,so that I should warn you with this and whatever is propagated. Can you possibly bear witness that besides Allah there is another Allah?" Say: "Nay! I cannot bear witness!" Say: "But in truth He is the one Allah, and I truly am innocent of  joining others with Him."

 

(Al-Kitaab C:58 V:07)  Don't you see that Allah do know that is in the heavens and on earth? There is not a secret consultation between three, but He makes the fourth among them, - Nor between five but He makes the sixth,- nor between fewer nor more, but He is in their midst, wheresoever they be: In the end will He tell them the truth of their conduct, on the Day of Judgment. For Allah has full knowledge of all things.

 

Thanks

Naeem

 

 

Riaz Jafri <jafri@...> wrote:

I am no Islamic Jurist. As a layman following questions come to my mind.  Could the more knowledgeable please enlighten me on these?

 

1.    Is girl's consent necessary for Nikkah in Islam or not? 

        In other words, can she be forced to marry against her will?

2.    If not, what if she doesn't consent to Kafeels' proposal/recommendation and wants to marry of her own accord?

 

3.    In case the girl and the Kafeel do not agree on the same person, whose wish should finally prevail?

        (Mind you Girl's consent is necessary)

 

STILL MORE IMPORTANT:

3.    Is Nikkah Farz  or Sunnah?

 

4.    If Sunnah, (whatever type of Sunnah - Kabeer or Moaqqada etc.)

       what if one doesn't follow it and goes for a court marraige or has four witness etc. without the ritual of a mullah or the parent or some other elder reciting the Nikkah kalimat, as long as there are witnesses (2 or 4 as required) to the couple going for the union?

OR still Hypothetically:  There is a ship wreck and the only survivors washed ashore on a deserted island are young man and a young woman. Both are Muslims.  Can they marry eachother without Kafeels, Mullahs and other witnesses, after having stayed there for long and with no hope of their evry being resued? They do not know what to recite in Arabic for their nikkah.

 

If yes, they can marry, how will their marriage be performed and by who?

 

 

Thanks & Regards

Col. Jafri (Retd)

 

P.S.  Please do not just your verdict which is harsh or not practicable.