ammarcool
11-06-07, 10:40 AM
The Shariah has granted the father Wilaayat (jurisdiction and control) over his children in general, but in particular over his daughters. It is therefore not permissible for a girl to contract her own marriage without the approval of her father. According to the Shaafi Math-hab, the nikah without the father’s approval and consent will not even be valid. However, according to the Hanafi Math-hab, the nikah without the father’s consent is valid, but the act of the daughter is sinful.
But, it is imperative that fathers understand that the right of Wilaayat is retained by them o*nly as long as they fulfil the huqooq (sacred rights) of their daughters. Among the most important of these rights is to guard the hijaab (purdah) of the girls.
A father who violates this right and casts his daughter to the wolves by permitting her to be publicly exposed, loses his Wilaayat over his daughter. A father who allows his daughter to be in the suhbat (companionship) of male tutors—fussaaq and fujjaar—to mingle with males, to dress provocatively, to wander around the streets and public places and to sit in the laps of boys as they do at college and university, is termed in the Shariah a dayyooth. He is a faasiq of the worst order. This father has consented to the prostitution of his daughter’s haya, body and her honour.
The Shariah revokes the Wilaayat of such a scoundrel father. This man is totally unfit to be the guardian of his daughter. He is also unqualified to act as her mahram o*n a journey.
When this daughter runs off with a boy and marries him without the knowledge, approval and consent of her father, the latter has absolutely no say. His objections are worthless and ineffective. The girl acts correctly by marrying without the consent of such a father who has paved her path leading to Jahannum.
A common reaction of these miserable fathers with such opprobrious attitudes and conduct, is the convulsions of shock they suffer when the news of their daughter’s elopement reaches them. They react with vehement opposition and seek to invoke their fatherly jurisdiction which the Shariah vests in men who are true fathers to their daughters.
Let these fathers who send their daughters to kuffaar institutions of education hear well and understand well that they have no jurisdiction over their daughters who have become their own bosses with full right to contract their own marriages without reference to their parents.
TheMajlis (http://www.themajlis.net/Article127.html)
But, it is imperative that fathers understand that the right of Wilaayat is retained by them o*nly as long as they fulfil the huqooq (sacred rights) of their daughters. Among the most important of these rights is to guard the hijaab (purdah) of the girls.
A father who violates this right and casts his daughter to the wolves by permitting her to be publicly exposed, loses his Wilaayat over his daughter. A father who allows his daughter to be in the suhbat (companionship) of male tutors—fussaaq and fujjaar—to mingle with males, to dress provocatively, to wander around the streets and public places and to sit in the laps of boys as they do at college and university, is termed in the Shariah a dayyooth. He is a faasiq of the worst order. This father has consented to the prostitution of his daughter’s haya, body and her honour.
The Shariah revokes the Wilaayat of such a scoundrel father. This man is totally unfit to be the guardian of his daughter. He is also unqualified to act as her mahram o*n a journey.
When this daughter runs off with a boy and marries him without the knowledge, approval and consent of her father, the latter has absolutely no say. His objections are worthless and ineffective. The girl acts correctly by marrying without the consent of such a father who has paved her path leading to Jahannum.
A common reaction of these miserable fathers with such opprobrious attitudes and conduct, is the convulsions of shock they suffer when the news of their daughter’s elopement reaches them. They react with vehement opposition and seek to invoke their fatherly jurisdiction which the Shariah vests in men who are true fathers to their daughters.
Let these fathers who send their daughters to kuffaar institutions of education hear well and understand well that they have no jurisdiction over their daughters who have become their own bosses with full right to contract their own marriages without reference to their parents.
TheMajlis (http://www.themajlis.net/Article127.html)