বিবাহের জন্য অভিভাবকের (ওয়ালী) অনুমতি আবশ্যক। এই ওয়ালী কি মহিলাকে কোনও পুরুষকে বিয়ে করতে নিষেধ করতে পারেন? এটি ইসলামিক কারণে হোক বা অ-ইসলামিক কারণে হোক।
৩ মিনিটে পড়ুন৮ নভেম্বর ২০২০
It is said that the agreement of the guardian (wali amr) is required for marriage. Concerning this Wali Amr, can he forbid the woman from marrying any man? Whether this was for an Islamic reason or a non-Islamic reason. If it is allowed for a woman to choose a wali amr after the father disagrees for a non-islamic reason then is there a logical chain the shara has obliged her to follow? Or can she choose anyone?
The agreement of the guardian is a condition for the validity of the marriage. As for your statement that this rejection for a non-Islamic reason, then you have to explain this to us to know the effect of this on the suitability of the father for the guardianship of the marriage or not. This is because when it comes to the faasiq, the guardianship is transferred from him to the next person who follows him. Similarly if the guardian prevents the marriage of his daughter to a suitable person whom she wants with a shariah Justification, then the guardianship is transferred from him to the one who follows him. As to the order in succession of the guardianship in marriage it is: her father, then her paternal grandfather (her father’s father) and going up to the next similar great grandfather (i.e. father’s grandfather and so on). Then it is transferred to her son, then her grandson (son’s son) and going down to the next similar great grandson (i.e. son’s grandson and so on). Then to her brother from her father and mother. Then the brother from her father, then the sons of such brother (i.e. nephews) and so on down. Then the uncles of the woman (the father’s brothers), then their sons and so on down. Then the uncles of the father then the Sultan (i.e. judges), in case there is no guardian. (this is the shariah chain and she cannot jump this chain.)
to clarify the point about ‘non-Islamic’ reason. By this we can state some realities that presently exist:
- A father does not accept a proposal because the man is not from his tribe/nation.
- A father wants his daughter to marry a relative who may be a fasiq or may not, but lives in another country, and his daughter wants to marry someone here.
The father has no right to force his daughter to marry his relatives living in another country. Nor is he allowed to prevent her from marrying a man who is not from his tribe and not equivalent to her. He has no right to do that, and if he insisted he would be considered “a’adhel” (someone who prevents marriage illegally. In that case the guardianship will be transferred to the next person.
If a woman gets married without a guardian or marries with a guardian that is not the sequence you mentioned in an earlier question, what is the position of her marriage?
The woman who gets married without a guardian or a guardian other than those mentioned in the sequence agreed by the shar’a, then her marriage is faasid (incomplete) but not baatil (null and void), this is because the existence of the guardian is a condition of validity (correctness) but not a condition of contracting. Thus they (the husband and the wife) have to amend the mentioned contract immediately by taking the approval of the guardian.
Does the divorced or widowed woman require a wali amr?
The divorced and widowed woman and every woman require Wali Amr (guardian) for her marriage.
The agreement of the guardian is a condition for the validity of the marriage. As for your statement that this rejection for a non-Islamic reason, then you have to explain this to us to know the effect of this on the suitability of the father for the guardianship of the marriage or not. This is because when it comes to the faasiq, the guardianship is transferred from him to the next person who follows him. Similarly if the guardian prevents the marriage of his daughter to a suitable person whom she wants with a shariah Justification, then the guardianship is transferred from him to the one who follows him. As to the order in succession of the guardianship in marriage it is: her father, then her paternal grandfather (her father’s father) and going up to the next similar great grandfather (i.e. father’s grandfather and so on). Then it is transferred to her son, then her grandson (son’s son) and going down to the next similar great grandson (i.e. son’s grandson and so on). Then to her brother from her father and mother. Then the brother from her father, then the sons of such brother (i.e. nephews) and so on down. Then the uncles of the woman (the father’s brothers), then their sons and so on down. Then the uncles of the father then the Sultan (i.e. judges), in case there is no guardian. (this is the shariah chain and she cannot jump this chain.)
to clarify the point about ‘non-Islamic’ reason. By this we can state some realities that presently exist:
- A father does not accept a proposal because the man is not from his tribe/nation.
- A father wants his daughter to marry a relative who may be a fasiq or may not, but lives in another country, and his daughter wants to marry someone here.
The father has no right to force his daughter to marry his relatives living in another country. Nor is he allowed to prevent her from marrying a man who is not from his tribe and not equivalent to her. He has no right to do that, and if he insisted he would be considered “a’adhel” (someone who prevents marriage illegally. In that case the guardianship will be transferred to the next person.
If a woman gets married without a guardian or marries with a guardian that is not the sequence you mentioned in an earlier question, what is the position of her marriage?
The woman who gets married without a guardian or a guardian other than those mentioned in the sequence agreed by the shar’a, then her marriage is faasid (incomplete) but not baatil (null and void), this is because the existence of the guardian is a condition of validity (correctness) but not a condition of contracting. Thus they (the husband and the wife) have to amend the mentioned contract immediately by taking the approval of the guardian.
Does the divorced or widowed woman require a wali amr?
The divorced and widowed woman and every woman require Wali Amr (guardian) for her marriage.
✦আরও পড়ুন
সোনার গহনা যা মহিলারা গহনা হিসাবে পরিধান করে আবার কেউ কেউ সঞ্চয় হিসাবে ব্যবহার করে; এসব এর ক্ষেত্রে যাকাত দিতে হবে কি?1. Jewellery is what a woman wears to beautify and adorn herself with from gold and silver on her wrists, neck, ears, or other parts of her bodies.…সামাজিক কাঠামোযদি কোন মেয়ে পরপর দুটি বিয়ের প্রস্তাব পায় তাহলে তাকে কি করতে হবে?If the girl has expressed her consent to the proposal of marriage with a man then it is forbidden for any other man to propose to marry her unless…সামাজিক কাঠামোআল্লাহর রাসূল (সা)-এর জানাজা ও দাফনে কেন বিলম্ব হয়েছিল? মুসলিমদের একজন খলীফা নিয়োগ থাকা কি বাধ্যতামূলক?প্রশ্ন: আল্লাহর রাসূল (সা)-এর জানাজা ও দাফনে কেন বিলম্ব হয়েছিল? মুসলিমদের একজন খলীফা নিয়োগ থাকা কি বাধ্যমূলক? উত্তর: দাফন বিলম্বের ব্যাপারে আলোচনার…সামাজিক কাঠামোপুরুষ এবং মহিলাদের মধ্যে অনলাইন যোগাযোগের বিষয়ে হুকুম কি?Question: what is the rule on chatting of the opposite sexes on Facebook or via e-mail”? It was also stated that there is even nothing wrong with…সামাজিক কাঠামোএকটি দম্পতি, যাঁরা বিবাহিত হতে চান, তারা কি একা দেখা করতে পারেন? তাদের জন্য কি ফোনে কথা বলার অনুমতি রয়েছে? এর শর্ত কি?Can a couple who are intended to be married, be alone? Is it allowed for them to speak over the phone? What are the conditions for this? No if there…সামাজিক কাঠামোএকজন ব্যক্তির কতটুকু এমন কাউকে দেখার অনুমতি দেওয়া হয়েছে যার কাছে তিনি প্রস্তাব দিতে চান?To what extent is a man allowed to see somebody whom he wishes to propose to? The proposing man has the right to see of the woman whom he proposes to…সামাজিক কাঠামো