QUESTION: I have a question... If a boy and a girl is muslim and if they want to marry.... Will the marraige be possible if both of their names are read out and the denmohor is fixed and both say kobul aloud in presence of 10 witnesses(no parents are present) ??? Will the marraige be done??
ANSWER: Bismillahir-Rahmanir-Rahim (In the Name of Allah, Most Gracious, Most Merciful)
I am sorry but without permission from your parents or designated guardian...your marriage will be incomplete or void.
AbuDawud Book 005, Hadith Number 2078.
Narated By 'Aisha, Ummul Mu'minin : The Apostle of Allah (pbuh) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.
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( Note: I am not a mufti, if you are in doubt or want 100% accuracy please verify the above hadith with an authentic personality. However I have not altered any hadith and presented it as and how it was found. May Allah forgive our mistakes from time to time...ameen.)
[an error occurred while processing this directive]---------- FOLLOW-UP ----------
QUESTION: Assalamu Alaikum.
I want to ask another question... If a boy or a girl things that they have been married but actually marraige was not conducted in valid way, but the girl and boy had indulged in physical relation(not sex but close to that) then is it a sin? If it is a sin what should be done?
since you have not done actual intercourse, the laws of Zina may not be 100% applied. However please follow as below.
what to do after zina/adultery
[Quran 3:133] And march forth in the way (which leads to) forgiveness from your Lord, and for Paradise as wide as are the heavens and the earth, prepared for Al-Muttaqun (Pious or God fearing)
[Quran 3:134] Those who spend in prosperity and in adversity, who repress anger,and who pardon men; verily, Allah loves Al-Muhsinun (the gooddoers).
[Quran 3:135] And those who, when they have committed Fahishah (illegal sexual intercourse or major sins) or wronged themselves with evil, remember Allah and ask forgiveness for their sins; - and none can forgive sins but Allah and do not persist in what (wrong) they have done, while they know.
[Quran 3:136] For such, the reward is Forgiveness from their Lord, and Gardens with rivers flowing underneath (Paradise), wherein they shall abide forever. How excellent is this reward for the doers (who do righteous deeds according to Allah's Orders).
[Quran 3:137] Many similar ways (and mishaps of life) were faced by nations (believers and disbelievers) that have passed away before you (O Prophet Muhammed), so travel through the earth, and see what was the end of those who disbelieved.
[25:68] And those who invoke not any other god along with Allah, nor kill such person as Allah has forbidden, except for just cause, nor commit Adultery/Fornication- and whoever does this shall receive Athama/Punishment.
[25:69] The torment will be doubled for him on the Day of Resurrection, and he will abide therein in disgrace.
[25:70] Except those who repent and believe, and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful.
[25:71] And whosoever repents and does righteous good deeds; then indeed he has repented to Allah Mataba (with acceptance).
Islam asks people to bear the burden of there pleasure and attain sexual pleasures by marrying the women which is the right way. It prohibits the "use" of women as sex toys and orders men to lead a moral life respecting women. Women are held in great esteem in Islam ( as they are rearers of future generation and the teachers of love and care) and are not supposed to be exploited.
Answer 2 - A muslim can marry any girl of his choice, but only if the girl shows consent in such a marriage. If any of them have sinned, then please repent to Allah immediately ( intending not to repeat the sin ) for he is Most Mercifull and Oft-Forgiving.
Shahih Bukhari Vol 7, Book 69. Drinks. Hadith 494B.
Narrated By Abu 'Amir or Abu Malik Al-Ash'ari : That he heard the Prophet saying, "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful. And there will be some people who will stay near the side of a mountain and in the evening their shepherd will come to them with their sheep and ask them for something, but they will say to him, 'Return to us tomorrow.' Allah will destroy them during the night and will let the mountain fall on them, and He will transform the rest of them into monkeys and pigs and they will remain so till the Day of Resurrection."
Another website http://sisters.islamway.com/modules.php?name=News&file=article&sid=273
Zinaa means sexual intercourse between a man and a woman not married to one another. It is immaterial whether it is adultery (where the participants are married people) or fornication (when they are unmarried). Islam regards zinaa in any case as a great sin.
There are many verses of the Qur’aan and Prophetic statements with regard to this issue and we relate just a few below. Each indicates the seriousness of zinaa and makes it crystal clear that there is no room for it as acceptable behavior in Islam.
From The Qur’aan
Do not come near to zinaa. Verily, it is a faahisha (a great and shameful sin) and an evil way (that leads someone to Hell unless Allah forgives him). [Al-Israa’ 17:32]
Those who invoke not any other ilaah (god) with Allah, nor kill such life as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse (zinaa) and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace. [Al-Furqaan 68 - 69]
Come not near to Al-Fawaahishah (shameful sins, zinaa, etc.) whether committed openly or secretly… [Al-An’aam 151]
[Quran 24:3] The zaani (male fornicator or adulterer) marries not but a zaaniyah (female fornicator or adulterer) or mushrikah (female polytheist) and the zaaniyah none marries her except the zaani or mushrik. Such a thing is forbidden to the believers.
One meaning of this is that the man who agrees to marry or have a sexual relationship with a polytheist or a prostitute is surely either a polytheist or a zaani (fornicator/adulterer) himself and likewise applies to such a woman. Some scholars see it as an absolute prohibition for a believing Muslim to marry another Muslim who has committed zinaa while others permit it if the person has sincerely repented to Allah.
If any of your women are guilty of zinaa, take the evidence of four (reliable) witnesses from amongst you against them, and if they testify confine them to houses until death claims them or Allah ordains for them some other way. [An-Nisaa 15]
This verse was abrogated by the verse 24:2 below.
If two persons among you are guilty of zinaa punish them both. If they repent and amend themselves, leave them alone for Allah is Oft-Forgiving, Most Merciful. [An-Nisaa 16]
[Quran 24:2] The woman and the man guilty of zinaa, flog each of them with a hundred stripes: let no compassion move you in their case in a matter prescribed by Allah if you believe in Allah and the Last Day; and let a party of the believers witness their punishment.
When this verse was revealed, it was understood that those guilty of adultery should be given a hundred lashes as a punishment. The Prophet (sallallahu ‘alaihi wa sallam) clarified the injunctions:
Take from me, accept from me. Undoubtedly, Allah has now show the path for them. For unmarried persons, the punishment is one hundred lashes and exile for one youar. For married adulterers it is one hundred lashes and stoning to death. [Al-Bukhaari, Kitabul Hudood]
From The Hadeeth
There is no sin after shirk greater in the sight of Allah than a drop of semen which a man places in the womb which is not lawful for him. [Al-Bukhaari, Kitabul-Hudood]
Also: The zinaa of the legs is walking (with bad intention towards a woman who is not lawful for a man) and the zinaa of the hands is touching and patting (such a woman) and the zinaa of the eyous is the passionate glance. [Al-Bukhaari]
Bukhari Volumn 008, Book 077, Hadith Number 609.
Narated By Ibn 'Abbas : I did not see anything so resembling minor sins as what Abu Huraira said from the Prophet, who said, "Allah has written for the son of Adam his inevitable share of adultery whether he is aware of it or not: The adultery of the eyou is the looking (at something which is sinful to look at), and the adultery of the tongue is to utter (what it is unlawful to utter), and the innerself wishes and longs for (adultery) and the private parts turn that into reality or refrain from submitting to the temptation."
After me I have not left any fitnah (trial) more harmful to men than women. [Al-Bukhaari, Book of Marriage]
At the time a person fornicates or commits adultery he is not a believer. And a thief, at the time he steals, is not a believer... [Al-Bukhaari]