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Can I do a Nikah??

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  • #61
    Re: Can I do a Nikah??

    sister,
    the emotion what u have been created, is natural,
    no body deny that,
    but do you know , the emotion can change with the age ,
    if u want to know this fact, then read the book of phschology,

    so sister i advice you, every man, who look for girl without marriage is out of neediness,
    this u need to understand well,
    if u know the biology,
    a girl can do the sex herself and get satisfy, but for boy, he cannot do the sex himself and get satisfy,
    so the boy always look for good girl, slim girl, beauty girl, shy girl, masoom girl, this are the boys who are parasites to girls,
    because you do not know more about boys,
    u only knows about girls,
    so we are giving consultation since i was 20 years,
    and i have seen many relation changing on the course of time,

    so because of this reason Allaah has given us the certain rules and regulation to safeguard the beauty and life
    of girls, in a better and good and happiest way,

    so do not hurry my sister,
    u see if boys are muslim, they would have shown to ur parent and ask about the rishta,

    but pls sister, Allaah has given us the security and safety path,
    u know the girls always suffer in marriage,
    if it is arrange or love marriage, in both case girls are been suffered and tourture,
    so pls if you marry with wali mean guardian, u will suffer less,
    out of hundred love marriage 99 ended with divorce in three years or seven years, this is the status of love marriage
    in muslim society i know there are lots of bad things are happening with arrange marriage,
    so the girls are frustrate and trying to choose herself, but
    in this case, maximum boys prey on girls,
    so sister marry a good guy, with guardian, if it is not in ur society, tell to ur father and brother or sister, to search in internet,
    but pls marry with guardian,
    pls call me for any assistance, [email protected]

    Comment


    • #62
      Re: Can I do a Nikah??

      Hanafis allow misyar as well.

      I really don't understand how laymen can reject opinions of hundreds and hundreds years of scholars. SubhanAllah. Even after they backed it up with proof from Quran and Sunnah.
      Secure few moments, everyday, to reflect upon the innumerable blessings of Allah and thank Him for bestowing them upon you.

      "A person who is blessed with the ability to be grateful, shall never be deprived of barakah and increase in blessings."
      - Rasulullah (صلی اللہ علیہ وسلم)‎

      Comment


      • #63
        Re: Can I do a Nikah??

        Originally posted by .mirror. View Post
        Hanafis allow misyar as well.

        I really don't understand how laymen can reject opinions of hundreds and hundreds years of scholars. SubhanAllah. Even after they backed it up with proof from Quran and Sunnah.
        if it has hundreds of years of scholars, then why isnt it agreed by all? truth stands clear from error

        i am not saying the imam is wrong in his opinion, i am saying that there must be more to it, than just saying "a woman can get married without a wali" and its valid only because an imam says so

        if you dont lay out the conditions, you basically negate hundreds and hundreds of years of scholarship also

        you forget, islam is not divided into four groups, Islam is based upon the quran and sunnah, and we have separated it into four predominant opinions

        so if one imam says it is ok, then it is ok for everyone (unless you are saying the imam was wrong) because the imam is also basing his views on quran and sunnah, is he not?
        .لا نريد زعيما يخاف البيت الإبيض
        نريد زعيما يخاف الواحد الأحد
        دولة الإسلامية باقية





        Comment


        • #64
          Re: Can I do a Nikah??

          Originally posted by .mirror. View Post
          Hanafis allow misyar as well.
          brother are you sure all Hanfis allow misyar ?

          :jkk:
          [URL="http://theemails.blogspot.com"]My Blog[/URL]

          Comment


          • #65
            Re: Can I do a Nikah??

            Originally posted by *asiya* View Post

            and two women cannot be witnesses at a nikkah. they must be muslim, male, sane, and above the age of puberty,
            one man and two women can be witnesses at a nikkah..

            the holy Quran states

            "And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses . "
            surah baqarah 282

            :jkk:
            [URL="http://theemails.blogspot.com"]My Blog[/URL]

            Comment


            • #66
              Re: Can I do a Nikah??

              Originally posted by hanzla View Post
              one man and two women can be witnesses at a nikkah..

              the holy Quran states

              "And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses . "
              surah baqarah 282

              :jkk:
              indeed however, that ayat is in regards to financial contracts. Tafsir ibn kathir:

              This Ayah is the longest in the Glorious Qur'an. Imam Abu Ja`far bin Jarir recorded that Sa`id bin Al-Musayyib said that he was told that the Ayah most recently revealed from above the Throne -- the last Ayah to be revealed in the Qur'an -- was the Ayah about debts.

              Allah's statement,

              ﴿يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ﴾

              (O you who believe! When you contract a debt for a fixed period, write it down) directs Allah's believing servants to record their business transactions when their term is delayed, to preserve the terms and timing of these transactions, and the memory of witnesses, as mentioned at the end of the Ayah,

              ﴿ذَلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَـدَةِ وَأَدْنَى أَلاَّ تَرْتَابُواْ﴾

              (that is more just with Allah; more solid as evidence, and more convenient to prevent doubts among yourselves.)

              The Two Sahihs recorded that Ibn `Abbas said, "Allah's Messenger came to Al-Madinah, while the people were in the habit of paying in advance for fruits to be delivered within one or two years. The Messenger of Allah said,

              «مَنْ أَسْلَفَ، فَلْيُسْلِفْ فِي كَيْلٍ مَعْلُومٍ، وَوَزْنٍ مَعْلُومٍ، إِلَى أَجَلٍ مَعْلُوم»

              (Whoever pays money in advance (for dates to be delivered later) should pay it for known specified measure and weight (of the dates) for a specified date. )

              Allah's statement,

              ﴿فَاكْتُبُوهُ﴾

              (write it down) is a command from Him to record such transactions to endorse and preserve their terms. Ibn Jurayj said, "Whoever borrowed should write the terms, and whoever bought should have witnesses.'' Abu Sa`id, Ash-Sha`bi, Ar-Rabi` bin Anas, Al-Hasan, Ibn Jurayj and Ibn Zayd said that recording such transactions was necessary before, but was then abrogated by Allah's statement,

              ﴿فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِى اؤْتُمِنَ أَمَـنَتَهُ﴾

              (Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).)

              Allah's statement,

              ﴿وَلْيَكْتُب بَّيْنَكُم كَاتِبٌ بِالْعَدْلِ﴾

              (Let a scribe write it down in justice between you) and in truth. Therefore, the scribe is not allowed to cheat any party of the contract and is to only record what the parties of the contract agreed to, without addition or deletion. Allah's statement,

              ﴿وَلاَ يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ﴾

              (Let not the scribe refuse to write, as Allah has taught him, so let him write) means, "Those who know how to write should not refrain from writing transaction contracts when asked to do so.'' Further, let writing such contracts be a type of charity from the scribe for those who are not lettered, just as Allah taught him what he knew not. Therefore, let him write, just as the Hadith stated,

              «إِنَّ مِنَ الصَّدَقَةِ أَنْ تُعِينَ صَانِعًا، أَوْ تَصْنَعَ لِأَخْرَق»

              (It is a type of charity to help a worker and to do something for a feeble person.)

              In another Hadith, the Prophet said,

              «مَنْ كَتَمَ عِلْمًا يَعْلَمُهُ، أُلْجِمَ يَوْمَ الْقِيَامَةِ بِلِجَامٍ مِنْ نَار»

              (Whoever kept knowledge to himself will be restrained by a bridle made of fire on the Day of Resurrection.) Mujahid and `Ata' said that if asked to do so, "The scribe is required to record.''

              Allah's statement,

              ﴿وَلْيُمْلِلِ الَّذِى عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ﴾

              (Let him (the debtor) who incurs the liability dictate, and he must have Taqwa of Allah, his Lord) indicates that the debtor should dictate to the scribe what he owes, so let him fear Allah,

              ﴿وَلاَ يَبْخَسْ مِنْهُ شَيْئاً﴾

              (And diminish not anything of what he owes,) meaning, not hide any portion of what he owes.

              ﴿فَإن كَانَ الَّذِى عَلَيْهِ الْحَقُّ سَفِيهًا﴾

              (But if the debtor is of poor understanding) and is not allowed to decide on such matters, because he used to waste money, for instance,

              ﴿أَوْ ضَعِيفًا﴾

              (Or weak), such as being too young or insane,

              ﴿أَوْ لاَ يَسْتَطِيعُ أَن يُمِلَّ هُوَ﴾

              (Or is unable to dictate for himself) because of a disease, or ignorance about such matters,

              ﴿فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ﴾

              (then let his guardian dictate in justice.)



              Allah said,

              ﴿وَاسْتَشْهِدُواْ شَهِيدَيْنِ مِّن رِّجَالِكُمْ﴾

              (And get two witnesses out of your own men) requiring witnesses to attend the dictation of contracts to further preserve the contents,

              ﴿فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ﴾

              (And if there are not two men (available), then a man and two women) this requirement is only for contracts that directly or indirectly involve money. Allah requires that two women take the place of one man as witness, because of the woman's shortcomings, as the Prophet described. Muslim recorded in his Sahih that Abu Hurayrah said that the Messenger of Allah said,

              «يَا مَعْشَرَ النِّسَاءِ تَصَدَّقْنَ وَأَكْثِرْنَ الْاسْتِغْفَارَ، فَإِنِّي رَأَيْتُكُنَّ أَكْثَرَ أَهْلِ النَّار»

              (O women! Give away charity and ask for forgiveness, for I saw that you comprise the majority of the people of the Fire.)

              One eloquent woman said, "O Messenger of Allah! Why do we comprise the majority of the people of the Fire'' He said,

              «تُكْثِرْنَ اللَّعْنَ، وَتَكْفُرْنَ الْعَشِيرَ، وَمَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ، أَغْلَبَ لِذِي لُبَ مِنْكُن»

              (You curse a lot and you do not appreciate your mate. I have never seen those who have shortcoming in mind and religion controlling those who have sound minds, other than you.) She said, "O Messenger of Allah! What is this shortcoming in mind and religion'' He said,

              «أَمَّا نُقْصَانُ عَقْلِهَا، فَشَهَادَةُ امْرَأَتَيْنِ تَعْدِلُ شَهَادَةَ رَجُلٍ، فَهَذَا نُقْصَانُ الْعَقْلِ، وَتَمْكُثُ اللَّيَالِي لَا تُصَلِّي وَتُفْطِرُ فِي رَمَضَانَ، فَهَذَا نُقْصَانُ الدِّين»

              (As for the shortcoming in her mind, the testimony of two women equals the testimony of one man, and this is the shortcoming in the mind. As for the shortcoming in the religion, woman remains for nights at a time when she does not pray and breaks the fast in Ramadan)

              Allah's statement,

              ﴿مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَآءِ﴾

              (such as you agree for witnesses) requires competency in the witnesses. Further, Allah's statement,

              ﴿أَن تَضِلَّ إْحْدَاهُمَا﴾

              (so that if one of them errs) refers to the two women witnesses; whenever one of them forgets a part of the testimony,

              ﴿فَتُذَكِّرَ إِحْدَاهُمَا الاٍّخْرَى﴾

              (the other can remind her) meaning, the other woman's testimony mends the shortcoming of forgetfulness in the first woman.
              "O you who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest you swerve, and if you distort (justice) or decline to do justice, verily Allah is well-acquainted with all that you do." [An-Nisa 4:135]

              The Prophet :saw: said:

              "Whosoever leaves off obedience and separates from the Jamaa'ah and dies, he dies a death of jaahiliyyah. Whoever fights under the banner of the blind, becoming angry for 'asabiyyah (nationalism/tribalism/partisanship) or calling to 'asabiyyah, or assisting 'asabiyyah, then dies, he dies a death of jaahiliyyah."

              muslim

              Narrated 'Abdullah:

              The Prophet, said, "Abusing a Muslim is Fusuq (evil doing) and killing him is Kufr (disbelief)." sahih bukhari


              "Creeping upon you is the diseases of those people before you: envy and hatred. And hatred is the thing that shaves. I do not say it shaves the hair but it shaves the religion!

              By the One in whose Hand is my soul, you will not enter paradise until you believe, and you will not believe until you love one another. Certainly, let me inform you of that which may establish such things: spread the greetings and peace among yourselves."

              [Recorded by Imam Ahmad and Al-Tirmidhi]

              Comment


              • #67
                Re: Can I do a Nikah??

                I think a lot of you are going into issues that you don't fully understand.
                If you don't have a firm grasp of the sciences of Hadith and Usool ul Fiqh, how can you comment on the opinion being invalid?

                Here is a good piece that goes through the evidences By Ebrahim Saifuddin

                Evidence by the Hanafi School

                The hadith ‘la nikah ila biwali’ is reported in Jami’ Tirmidhi, Kitab an-Nikah, as follows:

                “Abu Musa (ra) reported that Allah’s Messenger ﷺ said, ‘Marriage is not performed if (consent of the) guardian is not there.”

                This hadith has also been reported in Ahmad, Abu Dawood, Ibn Majah and Darmi.

                Maulana Shah Abdul Haq Muhaddith Dehalwi in Ashi‘-‘at al-Lama’aat, Sharh Mishkat vol.4 pg 286 writes:

                “There has been kalam (discussion) whether this hadith is sahih or not. Many a’imma hadith do not accept it to be sahih.”

                In Sharh Ma’ani al-Athar vol.3 pg 17-18, Imam Tahawi writes:

                “The people of the first opinion (la nikah ila biwali) consider as evidence that which has been narrated from Abu Ishaq through Israel. He narrates from Abu Barda who narrates from his father that the Prophet Muhammad ﷺ said, ‘no nikah without (consent of) the wali.’
                So the evidence against them is that according to their rules it is not correct to use this hadith as proof because those people who have stronger memory than Israel, like Sufyan and Shu’bah, have narrated it ‘munqati’an’ (broken) from Abu Ishaq.
                . . . .If they say Abu ‘Awanah narrated this hadith marfu’an like Israel, Abu ‘Awanah narrates from Ishaq who narrates from Abu Burdah who narrates from Abu Musa that, the Prophet Muhammad ﷺ said, ‘no nikah without (consent of) wali.’
                Then we will say that this hadith has been narrated through Abu ‘Awana like you have said but we have checked the origin of the hadith and it is narrated from Abu ‘Awana from Israel and he narrates it from Abu Ishaq and thus the narration of Abu ‘Awana also returns to Israel.
                Mu’alla bin Mansoor Razi says that Abu ‘Awana narrated to me from Abu Ishaq through Israel from his sanad similar to this.
                Hence this negates that Abu ‘Awana had anything from Abu Ishaq directly.”

                Dr. Maulana Fadhal Ahmed, in his commentary on the English translation of Jami’ Tirmidhi vol.1 pg 403 has noted:

                “As for the hadith of Abu Musa (ra) it is not a worthy piece of evidence because there is a contradiction in its reporting and connection. Imam Tirmidhi (rh) has himself confirmed this. Hence, the correct position is that this hadith is mursal, as Imam Tahawi also confirms, while Ibn Hajr Asqalani (rh) said that it is not correct to deduce from it.”

                A slight variant of this hadith is reported in Ibn Majah as follows:

                حدثنا ‏ ‏أبو كريب ‏ ‏حدثنا ‏ ‏عبد الله بن المبارك ‏ ‏عن ‏ ‏حجاج ‏ ‏عن ‏ ‏الزهري ‏ ‏عن ‏ ‏عروة ‏ ‏عن ‏ ‏عائشة ‏ ‏عن النبي ‏ ‏صلى الله عليه وسلم ‏ ‏و عن ‏ ‏عكرمة ‏ ‏عن ‏ ‏ابن عباس ‏ ‏قالا

                “The prophet ﷺ said, ‘There is no nikah without (the permission of) the wali,’ and in the narration of ‘Ayesha it is added, ‘the sultan is the wali of the person who has no wali.’”

                Abul Hasan Muhammad bin Abdul Hadi as-Sanadee, in Sunan Ibn Majah bi Sharh as-Sanadee wa Misbah az-Zujajah fi Zawa’id Ibn Majah vol.2 pg 428 [Publication: Darul Ma’rifah, Beirut; 1996], comments on this hadith:

                “According to al-Zawa’id, its isnad contains in it al-Hajjaj who is Ibn Artaah. He is mudallis. He has transmitted it through ‘an‘ana and he has not heard from ‘Ikrama. He transmits from ‘Ikrama on the authority of Dawood bin al-Husain. Imam Ahmad held this opinion. Hajjaj did not hear from Zuhri. ‘Abbad bin Zuhri said this. Sulaiman bin Musa is in agreement with him in it and he is reliable. Zuhri reported ‘Ayesha (raa) on the authority of ‘Urwa as saying the word: ‘Any woman who marries without the consent of her guardian (her marriage) is invalid,’ as the scholars of sunan transmitted it. I said: ‘The scholars and devotees of hadith have criticized this isnad also.’”

                Another strange point is observed by Maulana Muhammad Qasim Amin, in his brief commentary of the Urdu translation of Sunan Ibn Majah, where he writes that Shafi’i generally do not accept Hajaj bin Artaah and Ibn Luhai’ah but in this case they are using their narration as evidence. He further adds in, Sunan Ibn Majah vol.2 pg 31:

                “Some hadith experts have stated that three ahadith are not proven to be from the Prophet Muhammad ﷺand one of them is the hadith ‘la nikah ila biwali’ and this is why it has not been recorded in the Sahihain; there is extreme ikhtilaf in the hadith.”

                Allama Badruddin al-‘Ainee, in ‘Umdatul Qari, vol.20 pg 165 [Publisher: Darul Kutub al-‘ilmiyyah; 2001] comments on a similar hadith narrated from Abu Huraira:

                “As for the hadith of Abu Hurairah, al-Mugheerah ibn Musa is in the chain of narrators about whom Bukhari said, ‘munkar al-hadith’ and Ibn Hiban said, ‘he narrates from people of trust that which does not resemble confirmed hadith,’ so he is not taken as hujjah anymore.”

                Further, these ahadith cannot be taken to be general and apparent in meaning as they will then act as evidence against those who oppose the Ahnaf. As Imam Shafi’i (rh) deems the nikah of an adult man without wali to be permissible, these ahadith will go against Imam Shafi’i (rh) as they do not mention whether the condition is restricted to males or females. Hence if the apparent and general meaning is taken then the nikah of an adult male will also be void without a wali, thus going against the opinion of Imam Shafi’i.

                The hadith of ‘Ayesha (ra) is reported in the following words in Jami’ Tirmidhi:

                “‘Ayesha (raa) reported that Allah’s Messenger ﷺ said, ‘If any woman marries without the consent of her guardian then her marriage is void. Her marriage is void. Her marriage is void. If he cohabits with her then for her is the dower as the man enjoyed her. And if her awliya dispute with each other then the ruler is the wali of the one who has no wali.”

                Mufti Ahmed Yar Khan Na’eemi, in Mir’atul Manajih vol. 5 pg 48 writes:

                “This hadith is da’eef and troubled just like the one preceding it. . . .Ibn Jareej says, ‘I asked Ibn Shuhab about this hadith and he denied it (Mirqat).’”

                Maulana Manzoor Ahmed, in Fadhl al-Ma’bud vol. 3 pg 285, writes:

                “Zuhri denied this hadith”

                Maulana Mohammad ‘Aqil, in Ad-Durrul Mandhud vol.4 pg 35, says:

                “One of the replies given in regards to this hadith is that its da’eef and it has Sulaiman bin Musa in the chain of narrators and he is weak. Bukhari said it was weak and Nasai said something (wrong) is in this hadith.”

                However, we will take all these ahadith to be of a sound chain. Yet, as explained previously, their apparent meaning cannot be taken. Even in this hadith, note that it mentions, if the man cohabits with the woman then she will get the dower. Dowry is something that is given to the wife. If the nikah would have been invalid, like how the opposition of the Ahnaf state, then this is a case of zina (fornication). And zina cannot be legalized by paying dowry to the woman. Thus it is obvious that “her marriage is batil (void)” cannot be taken literally to mean that the nikah never took place.

                It is also important to note that the hadith which the opposition quotes from ‘Ayesha (raa) is contrary to her action. Ghulam Rasool Sa’eedi, in Sharh Muslim vol. 3 pg 828, quotes a hadith from Musannaf Abi Sheeba which is as follows:

                “Qasim bin Muhammad says that ‘Ayesha (raa) did the nikah of the daughter of ‘Abdur Rahman bin Abi Bakr with Mundhir bin al-Zubair. At that time ‘Abdur Rahman was not present. When he came, he became angry and said, ‘O slaves of Allah! Is it done to a person like me that his daughter is married without his consultation? ‘Ayesha got angry and asked, ‘do you dislike Mundhir?’”

                A variant of this hadith is also recorded in Sharh Ma’ani al-Athar by different chains, where Mundhir stated that ‘Abdur Rahman has the authority and ‘Abdur Rahman said that he will not cancel anything which has been decided by ‘Ayesha (raa).

                In light of this one can come up with two conclusions. The first being, that ‘Ayesha (raa) did not consider the hadith ‘Her marriage is void. Her marriage is void. Her marriage is void,’ to be sahih and thus she acted opposite to it as seen in the hadith above. In this case, the former hadith cannot be used as evidence. The second being, that she does hold the former hadith to be true but the sense she implies is not what the opposition understand.

                Allama Badruddin al-‘Ainee, in ‘Umdatul Qari vol.20 pg 163, observes:

                “But its meaning refers to kamal (perfection) like in the hadith of the prophetﷺ about prayer when he says “no prayer (is valid) unless in a masjid.”

                Mufti Sa’eed Ahmed Palanpuri, in Tuhfatul Alma’ee vol.3 pg 518 adds:

                “Imam A’zam says that this hadith is to threaten against something and in such ahadith the deficient is declared as banned. This is seen, for example, in the hadith in Kitab at-Tahara where it is stated that a man who sleeps with a menstruating woman or enters his wife from behind or goes to soothsayer to ask about things of ghaib has rejected the deen which has been revealed onto Muhammad ﷺ. This hadith is to threaten and in it deficient iman has been talked about as being banned. Hence no one will do takfir of such a person. Over here also, deficiency in nikah has been expressed as banned. And the evidence (daleel) is that the prophet ﷺ has said that such a woman married without a wali, with whom the husband has cohabited, will get the dowry.
                . . . .And the meaning of the hadith is that if a woman does her nikah without consent of wali, then if the wali objects and the judge cancels the nikah, then if is wajib on the husband because the nikah was correct and the husband benefitted physically from his wife after a proper nikah. Thus dowry becomes wajib.”

                Moreover, in their apparent meaning, these ahadith also contradict the Qur’anic verse:

                فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ
                fala taAAduloohunna an yankihna azwajahunna
                Do not prevent them from marrying their husbands - [Qur’an 2:232]

                This verse is evidence for the Hanafi as if attributes the right of nikah to the women and also that the wali has no right to interfere in the matter of the woman. However, people who oppose Hanafi say this verse is evidence for their stand as the Qur’an forbids something to the wali and something can only be forbidden for someone who has authority over it.

                Mufti Taqi Uthmani (db) responds to this in Dars e Tirmidhi vol.3 pg 377:

                “The answer is that Shari’i or legal opposition by the wali is not referred to in this verse. In fact, ethical and social pressure is referred to here. Hence this verse was revealed at the time of the matter of Ma’qil bin Yasaar (ra) who was stopping his sister from marrying her previous husband. This subject of the verse is clarified by attributing ‘يَنكِحْنَ’ to the women.”

                The second verse which the Hanafi use as evidence is as follows:

                فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنفُسِهِنَّ بِالْمَعْرُوفِ
                faitha balaghna ajalahunna fala junaha AAalaykum feema faAAalna fee anfusihinna bialmaAAroofi
                When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner. - [Qur’an 2:234]

                Mufti Muhammad ‘Aashiq Ilahi, in Tafsir Anwar ul Bayan vol.1 pg 297, writes:

                “Once her ‘iddah has expired, she is at liberty to do as she pleases on condition that she conforms with the Shari’ah. In this way, if she wishes to remarry, none can stop her.”

                The Quran also mentions:

                فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ
                Fain tallaqaha fala tahillu lahu min baAAdu hatta tankiha zawjan ghayrahu
                Thereafter, if he divorces her, she shall no longer remain lawful for him unless she marries a man other than him. - [Qur’an 2:230]

                Mufti Taqi Uthmani (db), in Dars e Tirmidhi vol.3 pg 377, writes:

                “This verse also attributes marriage to the woman which is evidence by ‘Ishaaratun Nass’ that woman can do her nikah.”

                The opposition cites a verse in the Qur’an which is as follows:

                وَأَنكِحُوا الْأَيَامَى مِنكُمْ
                Waankihoo alayama minkum
                Arrange the marriage of the spouseless among you - [Qur'an 24:32]

                They say that the awliya are addressed in this verse and thus conclude that women do not have the right to marry without permission of the awliya.

                In the footnotes of Dars e Tirmidhi (by Mufti Taqi Uthmani) vol.3 pg 375, it is explained:

                “From this verse Allama Qurtubi Maliki (rh), in his tafsir and other muhaqqiqeen have used this to support the view of the majority.

                But the answer to this is that ‘Ayami’ is the plural of ‘Aym’ and it is referred to someone who has no spouse whether it is a male or a female just as Allama Qurtubi (rh) has mentioned. In light of this, the verse would thus mean that it is preferred for both men and women that they should not take steps for nikah without wali.

                As for the issue that if someone does do it without the wali then what is the hukm, the verse remains silent regarding it.

                Then if both adult males and females come under the meaning of ‘Ayami’ then as the nikah of a man who enters in it without wali is considered to be valid, similarly it would be valid if a woman does it without a wali.”

                Apart from the mentioned evidence, the Ahnaf derive their evidence from another hadith which appears in Sahih Muslim, in Kitab an-Nikah, and is as follows:

                “Ibn Abbas (ra) reported Allah's Messenger ﷺ as saying: An unmarried woman (al-Aym) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.”

                There is a disagreement among the scholars regarding the meaning of ‘al-Aym’. Its basic meaning is ‘an unmarried woman’. The disagreement lies in whether it means a previously married woman only or does it include an unmarried virgin (bikr) as well. Some have considered it to mean ‘thaib’ and these are the people who say a woman cannot do nikah without permission of wali. The others have said ‘al-Aym’ includes a woman who was never married. This latter meaning is confirmed by the ahl al-lughah. Imam Nawawi (rh) confirms this in his Sharh Muslim vol.9 pg 203 and adds that this was said by Ibrahim al-Harbi and Isma’eel al-Qadhi and others.

                Allama Shabbir Ahmed Uthmani, in I’laa us-Sunan, writes:

                “If one asks why the prophet ﷺ mentioned bikr again if Aym was supposed to include it, I say, bikr was mentioned so that one does not think bikr is not included because she is shy, so the prophet ﷺ mentioned her to confirm hukm on her. So this is takhsees (specialization) after ta’meem (generalization) to show difference between the 2 permissions.”

                In Sahih Muslim other variants of this hadith are also transmitted where the word ‘thaib’ is used. Thus those opposing the Hanafi opinion say ‘al-Aym’ means ‘thaib’.

                Mufti Taqi Uthmani (db), in Dars e Tirmidhi vol.3 pg 379, explains:

                “If we accept the tafsir of Imam Shafi’i and state that ‘Aym’ means ‘thaib’ only, even then the argument agrees and supports the Hanafi view. This is because it at least proves that a woman who has been previously married (thaib) has more rights on her nikah than the wali. (Imam Shafi’i says thaib cannot enter into contract by herself)” - text in parenthesis added

                In Muwatta Imam Malik, Kitab at-Talaq (Chapter: The ‘iddah of the widow if she is pregnant), a hadith appears as follows:

                “Umm Salama said, ‘Subai’a al-Aslamiyya had delivered after her husband’s death by half a month. Two men asked to marry her. One was young, and the other was old. She preferred the young man. The old man said, ‘You are not free yet (to marry).’ Her family was away, and he hoped that when her family would come, they may prefer him over the other man. She came to the Messenger of Allah ﷺ and he said, ‘You are free (of the ‘iddah), marry whoever you desire’.”

                This hadith supports the view of the Ahnaf and the authority to marry was clearly given to the woman by Prophet Muhammad ﷺ.

                Mufti Taqi Uthmani (db), in Dars e Tirmidhi vol.3 pg 378, lists a number of ahadith to support the Hanafi view:

                “There is a hadith reported in Muwatta Imam Malik (Kitab an-Nikah; Chapter: What was said in the dower and un-returnable gifts) and Sahih Bukhari (Kitab an-Nikah; Chapter of the woman who gives herself in marriage to salih man), which states that a woman came to Prophet Muhammad ﷺand said, ‘Messenger of Allah! I have given myself to you.’ The prophet ﷺ maintained silence and the woman stood there for long. Then a man got up and said, ‘Messenger of Allah, marry her to me if you have no need of her.’ The prophet ﷺ asked him what dowry he can afford to give after which he said, ‘I have married her to you for what you know of the Quran.’

                At this time there was no wali of the woman present.

                It is mentioned in Tahawi (Kitab an-Nikah; Chapter of marriage without wali of authority), ‘Umm Salmah narrates that after the death of Abu Salmah the Messenger of Allah ﷺ came and proposed to me. I said, ‘O Messenger of Allah! At this moment I do not have any wali present.’ He said, ‘No wali of yours, whether present or away, will dislike your marriage with me.’ So Umm Salmah said to her son, ‘O ‘Umar! Get up and do my nikah with the Messenger of Allah ﷺ. Hence, he did their nikah.

                This nikah also took place without any wali as ‘Umar bin Abi Salmah was a minor and hence it was not proper according to shari'ah for him to carry out the nikah. This was just a formality and to say that this nikah was carried out under the universal guardianship of the prophet ﷺ, then this is something farfetched because such a guardianship is in effect when guardians from among the family are not alive.”

                Further he states:

                “There is a narration in Kanz ul ‘Ummal (vol.12 pg 532) that ‘Ali (ra) used to tell people nikah without wali is impermissible but if such a nikah would take place then he would declare it valid.

                (And there is another narration in Kanz ul ‘Ummal vol. 12 pg 530) from Sa’eed bin al-Musaib who said that ‘Umar ibn al-Khattab (ra) said, ‘the woman does not get married off unless with the permission of her wali or permission of someone responsible((ذی الرای good judgment or the sultan.’

                So in this way he permitted the nikah without the permission of a wali, provided someone of sound judgment or responsibility from among the relatives allow even if the person is not a wali.”

                Ghulam Rasool Sa’eedi, in Sharh Muslim vol.3 pg 828 mentions a narration from Musannaf Abi Sheeba:

                “It has been narrated from ‘Ali (ra) that he validated the nikah of a woman whose nikah mother married her off with her agreement without consent of any wali.”

                He further writes, while quoting from Musannaf Abdul Razzaq:

                “Mu’amar says, ‘I asked Zuhri the ruling on someone marrying without a wali. He said that if it is done in kufu’ then it is valid.’”

                When asked, “What are the basic requirements for Islamic Nikah,” Maulana Ahmed Mirpuri (rh) who was one of the leading scholars of the ghair muqalid, replies, in Islamic Verdicts (Fatawa Sirat-e-Mustaqeem) pg 228:

                “We have the following conditions for Nikah: 1) Acceptance from both sides, 2) Two witnesses, 3) Mahr (dowry). Basically, these are the requirements for a nikah. In some cases, the bride’s attorney is also conditional, and is recommended in some cases. Proper conduct of the ceremony, the khutbah and explanation of the duties after marriage, are all considered as Sunnah but not a condition.”

                While many ghair muqalid try to criticize the Hanafi regarding their ruling on this issue, one of their scholars has given a ruling similar to the Hanafi opinion.
                Hadith, Fiqh and Tafsir Scholarship
                http://www.al-salam.co.uk/[B][COLOR="#006400"]

                Comment


                • #68
                  Re: Can I do a Nikah??

                  Originally posted by *asiya* View Post
                  so how is the nikkah actually done ? u all declare yourself hanafis, and the girl says "i marry myself to you" in front of a couple of her mates, and the bros best freind, and there u go ?
                  Salaam

                  The proof for the Hanafi stance is taken from the four sources of Sharia; the stance is a valid interpretation that has been supported by many of the great and pious scholars from the time of the Salaf; Imam Abu Hanifa himself was a tabi' and his students were the third of the best generations to walk this earth. This is the opinion of his school, a conclusion which has only been arrived at through understanding the source texts- Al Quran and Sunnah. If you have a problem with the interpretation of these illustrious human beings, then I have nothing to say to you for I will stick by the understanding of the great ones of this Ummah, rather than condemn their understanding of the text just because I don't like the sound of it

                  And you have also claimed that we have 'no issue' with such a marriage, despite the fact it is clearly stated by our Ulema the undesirability of such a marriage. If something is valid, it does not mean we allow it to happen without warning of the potential loss of barakah and problems that may occur within the household of the woman.

                  It is unfortunate that you wish to degrade a difference of opinion on the basis that you are adverse to it

                  :jkk:

                  Comment


                  • #69
                    Re: Can I do a Nikah??

                    Originally posted by hanzla View Post
                    brother are you sure all Hanfis allow misyar ?

                    :jkk:
                    Salaam

                    Yes, it is allowed under these conditions: http://www.daruliftaa.com/question?t...nID=q-21475354

                    :jkk:

                    Comment


                    • #70
                      Re: Can I do a Nikah??

                      Originally posted by AbuMubarak View Post
                      if it has hundreds of years of scholars, then why isnt it agreed by all? truth stands clear from error

                      i am not saying the imam is wrong in his opinion, i am saying that there must be more to it, than just saying "a woman can get married without a wali" and its valid only because an imam says so

                      if you dont lay out the conditions, you basically negate hundreds and hundreds of years of scholarship also

                      you forget, islam is not divided into four groups, Islam is based upon the quran and sunnah, and we have separated it into four predominant opinions

                      so if one imam says it is ok, then it is ok for everyone (unless you are saying the imam was wrong) because the imam is also basing his views on quran and sunnah, is he not?
                      Salaam

                      Differences of opinion have been around since the time of the Sahaba (RA). They accepted it as a difference in understanding the sources of the Sharia themselves. So if the Sahaba (RA) had differences of opinion, why not the Ulema?

                      If the Hanafi's believe x, then fine. If the Maliki's disagree, then fine. As long as legitimate ijtihad is being followed, there is no sin on the layman for following what he believes to be a sound interpretation of Shari' sources

                      :jkk:

                      Comment


                      • #71
                        Re: Can I do a Nikah??

                        Originally posted by ahmad12 View Post
                        Salaam

                        Differences of opinion have been around since the time of the Sahaba (RA). They accepted it as a difference in understanding the sources of the Sharia themselves. So if the Sahaba (RA) had differences of opinion, why not the Ulema?

                        If the Hanafi's believe x, then fine. If the Maliki's disagree, then fine. As long as legitimate ijtihad is being followed, there is no sin on the layman for following what he believes to be a sound interpretation of Shari' sources

                        :jkk:
                        i understand that

                        but the problem i have is when people say you have to stick to one, when they all emanate from quran and sunnah

                        i ask you, whats the best soap to wash your car? you say, it depends on the car, a black car looks best after using abc soap, but xyz is faster and doesnt leave spots

                        so i can choose whichever soap i want, considering i understand the circumstances, as long as i am using soap, there shouldnt be a problem.

                        so a brother wants to marry a sister, she has no wali, according to some, he cannot marry her until she gets a wali, but one imam says, if there are absolutey no walis, not within a 200mil radius, you can marry her

                        i could understand him taking that course

                        and all of this is with good intentions and not playing around with their islam, of course
                        .لا نريد زعيما يخاف البيت الإبيض
                        نريد زعيما يخاف الواحد الأحد
                        دولة الإسلامية باقية





                        Comment


                        • #72
                          Re: Can I do a Nikah??

                          Originally posted by *asiya* View Post
                          you need to have your wali present to marry, the prophet :saw: said any woman who marries without the permission of her walli her marriage is invalid, invalid invalid " if your father is a muslim, then he is your wali. you cannot just change wali at a whim.

                          you also need two male muslim witnesses present, and the marriage is conducted by the wali.

                          Prophet (peace and blessings of Allaah be upon him) said: “Any woman who marries without the permission of her walee, her marriage is invalid, her marriage is invalid, her marriage is invalid.” (Reported by al-Tirmidhi, 1021 and others; it is a saheeh hadeeth)

                          he hadith ‘la nikah ila biwali’ is reported in Jami’ Tirmidhi, Kitab an-Nikah, as follows:

                          “Abu Musa (ra) reported that Allah’s Messenger ﷺ said, ‘Marriage is not performed if (consent of the) guardian is not there.”

                          This hadith has also been reported in Ahmad, Abu Dawood, Ibn Majah and Darmi.

                          Maulana Shah Abdul Haq Muhaddith Dehalwi in Ashi‘-‘at al-Lama’aat, Sharh Mishkat vol.4 pg 286 writes:

                          “There has been kalam (discussion) whether this hadith is sahih or not. Many a’imma hadith do not accept it to be sahih.”

                          In Sharh Ma’ani al-Athar vol.3 pg 17-18, Imam Tahawi writes:

                          “The people of the first opinion (la nikah ila biwali) consider as evidence that which has been narrated from Abu Ishaq through Israel. He narrates from Abu Barda who narrates from his father that the Prophet Muhammad ﷺ said, ‘no nikah without (consent of) the wali.’
                          So the evidence against them is that according to their rules it is not correct to use this hadith as proof because those people who have stronger memory than Israel, like Sufyan and Shu’bah, have narrated it ‘munqati’an’ (broken) from Abu Ishaq.
                          . . . .If they say Abu ‘Awanah narrated this hadith marfu’an like Israel, Abu ‘Awanah narrates from Ishaq who narrates from Abu Burdah who narrates from Abu Musa that, the Prophet Muhammad ﷺ said, ‘no nikah without (consent of) wali.’
                          Then we will say that this hadith has been narrated through Abu ‘Awana like you have said but we have checked the origin of the hadith and it is narrated from Abu ‘Awana from Israel and he narrates it from Abu Ishaq and thus the narration of Abu ‘Awana also returns to Israel.
                          Mu’alla bin Mansoor Razi says that Abu ‘Awana narrated to me from Abu Ishaq through Israel from his sanad similar to this.
                          Hence this negates that Abu ‘Awana had anything from Abu Ishaq directly.”

                          Dr. Maulana Fadhal Ahmed, in his commentary on the English translation of Jami’ Tirmidhi vol.1 pg 403 has noted:

                          “As for the hadith of Abu Musa (ra) it is not a worthy piece of evidence because there is a contradiction in its reporting and connection. Imam Tirmidhi (rh) has himself confirmed this. Hence, the correct position is that this hadith is mursal, as Imam Tahawi also confirms, while Ibn Hajr Asqalani (rh) said that it is not correct to deduce from it.”

                          A slight variant of this hadith is reported in Ibn Majah as follows:

                          حدثنا ‏ ‏أبو كريب ‏ ‏حدثنا ‏ ‏عبد الله بن المبارك ‏ ‏عن ‏ ‏حجاج ‏ ‏عن ‏ ‏الزهري ‏ ‏عن ‏ ‏عروة ‏ ‏عن ‏ ‏عائشة ‏ ‏عن النبي ‏ ‏صلى الله عليه وسلم ‏ ‏و عن ‏ ‏عكرمة ‏ ‏عن ‏ ‏ابن عباس ‏ ‏قالا

                          “The prophet ﷺ said, ‘There is no nikah without (the permission of) the wali,’ and in the narration of ‘Ayesha it is added, ‘the sultan is the wali of the person who has no wali.’”

                          Abul Hasan Muhammad bin Abdul Hadi as-Sanadee, in Sunan Ibn Majah bi Sharh as-Sanadee wa Misbah az-Zujajah fi Zawa’id Ibn Majah vol.2 pg 428 [Publication: Darul Ma’rifah, Beirut; 1996], comments on this hadith:

                          “According to al-Zawa’id, its isnad contains in it al-Hajjaj who is Ibn Artaah. He is mudallis. He has transmitted it through ‘an‘ana and he has not heard from ‘Ikrama. He transmits from ‘Ikrama on the authority of Dawood bin al-Husain. Imam Ahmad held this opinion. Hajjaj did not hear from Zuhri. ‘Abbad bin Zuhri said this. Sulaiman bin Musa is in agreement with him in it and he is reliable. Zuhri reported ‘Ayesha (raa) on the authority of ‘Urwa as saying the word: ‘Any woman who marries without the consent of her guardian (her marriage) is invalid,’ as the scholars of sunan transmitted it. I said: ‘The scholars and devotees of hadith have criticized this isnad also.’”

                          Another strange point is observed by Maulana Muhammad Qasim Amin, in his brief commentary of the Urdu translation of Sunan Ibn Majah, where he writes that Shafi’i generally do not accept Hajaj bin Artaah and Ibn Luhai’ah but in this case they are using their narration as evidence. He further adds in, Sunan Ibn Majah vol.2 pg 31:

                          “Some hadith experts have stated that three ahadith are not proven to be from the Prophet Muhammad ﷺand one of them is the hadith ‘la nikah ila biwali’ and this is why it has not been recorded in the Sahihain; there is extreme ikhtilaf in the hadith.”

                          Allama Badruddin al-‘Ainee, in ‘Umdatul Qari, vol.20 pg 165 [Publisher: Darul Kutub al-‘ilmiyyah; 2001] comments on a similar hadith narrated from Abu Huraira:

                          “As for the hadith of Abu Hurairah, al-Mugheerah ibn Musa is in the chain of narrators about whom Bukhari said, ‘munkar al-hadith’ and Ibn Hiban said, ‘he narrates from people of trust that which does not resemble confirmed hadith,’ so he is not taken as hujjah anymore.”

                          Further, these ahadith cannot be taken to be general and apparent in meaning as they will then act as evidence against those who oppose the Ahnaf. As Imam Shafi’i (rh) deems the nikah of an adult man without wali to be permissible, these ahadith will go against Imam Shafi’i (rh) as they do not mention whether the condition is restricted to males or females. Hence if the apparent and general meaning is taken then the nikah of an adult male will also be void without a wali, thus going against the opinion of Imam Shafi’i.

                          The hadith of ‘Ayesha (ra) is reported in the following words in Jami’ Tirmidhi:

                          “‘Ayesha (raa) reported that Allah’s Messenger ﷺ said, ‘If any woman marries without the consent of her guardian then her marriage is void. Her marriage is void. Her marriage is void. If he cohabits with her then for her is the dower as the man enjoyed her. And if her awliya dispute with each other then the ruler is the wali of the one who has no wali.”

                          Mufti Ahmed Yar Khan Na’eemi, in Mir’atul Manajih vol. 5 pg 48 writes:

                          “This hadith is da’eef and troubled just like the one preceding it. . . .Ibn Jareej says, ‘I asked Ibn Shuhab about this hadith and he denied it (Mirqat).’”

                          Maulana Manzoor Ahmed, in Fadhl al-Ma’bud vol. 3 pg 285, writes:

                          “Zuhri denied this hadith”

                          Maulana Mohammad ‘Aqil, in Ad-Durrul Mandhud vol.4 pg 35, says:

                          “One of the replies given in regards to this hadith is that its da’eef and it has Sulaiman bin Musa in the chain of narrators and he is weak. Bukhari said it was weak and Nasai said something (wrong) is in this hadith.”
                          Hadith, Fiqh and Tafsir Scholarship
                          http://www.al-salam.co.uk/[B][COLOR="#006400"]

                          Comment


                          • #73
                            So there u have it more hanafis are saying women dont need a wali. so all you hanafi girls who want to get married, can grab a couple of their freinds and marry themselves to anyone they want whenever they want. Im So glad im not a hanafi with daughters.
                            "O you who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest you swerve, and if you distort (justice) or decline to do justice, verily Allah is well-acquainted with all that you do." [An-Nisa 4:135]

                            The Prophet :saw: said:

                            "Whosoever leaves off obedience and separates from the Jamaa'ah and dies, he dies a death of jaahiliyyah. Whoever fights under the banner of the blind, becoming angry for 'asabiyyah (nationalism/tribalism/partisanship) or calling to 'asabiyyah, or assisting 'asabiyyah, then dies, he dies a death of jaahiliyyah."

                            muslim

                            Narrated 'Abdullah:

                            The Prophet, said, "Abusing a Muslim is Fusuq (evil doing) and killing him is Kufr (disbelief)." sahih bukhari


                            "Creeping upon you is the diseases of those people before you: envy and hatred. And hatred is the thing that shaves. I do not say it shaves the hair but it shaves the religion!

                            By the One in whose Hand is my soul, you will not enter paradise until you believe, and you will not believe until you love one another. Certainly, let me inform you of that which may establish such things: spread the greetings and peace among yourselves."

                            [Recorded by Imam Ahmad and Al-Tirmidhi]

                            Comment


                            • #74
                              Re: Can I do a Nikah??

                              Zaraa I'm going to chime in quickly here. Poeple might seem mean to you, but I've seen this in so many Pakistani kids. They are coddled from their childhoods and grow up confused since they dont know Islam and they follow Asian and even British culture. You seem to have no problem in having a boyfriend, why not show that same courage to your parents and just tell them you don't want to marry your cousin? It seems like you just easily blur the line between right and wrong in one situation and lose the courage to do so in another.

                              Comment


                              • #75
                                Re: Can I do a Nikah??

                                Originally posted by *asiya* View Post
                                So there u have it more hanafis are saying women dont need a wali. so all you hanafi girls who want to get married, can grab a couple of their freinds and marry themselves to anyone they want whenever they want. Im So glad im not a hanafi with daughters.
                                The answer is to a Fiqhi question as to whether the Nikkah is valid.

                                You were quoting stuff as if it is agreed upon.

                                It's not just the Hanafi's , there were people before Imam Abu Hanifah like Zuhuri that said it was valid.

                                Having proven the hadith you quoted is problematic you still have a problem with not only an opinion that is valid from Ijtihaad but arguably the strongest opinion on the matter.

                                If you read the link I provided it clearly says that this is not recommended. However the question is whether the Nikkah is valid or not.

                                I'm glad I am a Muslim who will follow the stronger opinion when it is proven, or scholars that base their evidences on sound proof.
                                Hadith, Fiqh and Tafsir Scholarship
                                http://www.al-salam.co.uk/[B][COLOR="#006400"]

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