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Saturday, January 24, 2015

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 A questioner from morocco, asks His Eminence sheikh ((Fuad bin Yusuf Abu said)) (may Allah save him) two questions, there is their text:

Peace be upon you and Allah’s mercy and blessing.

O sheikh – my Allah be pleased with you – I’m ((Abu Mohammad)) from morocco, a few days ago I married some girl, and to be known that in morocco we are obligated to the civil contract (of marriage) which completed (praise be to Allah), and I asked her responsible manager in the same sitting, to do the obligation and acceptance (two basic conditions in marriage) so he said to me: I married off my daughter to you, and I said: I accepted, with the existence of my father and another person, and to be known that he has three daughters.

I have two questions:

First one: what’s the proof of obligation and acceptance from the Qur’an and the Sunna (speeches of prophet peace be upon him)?

Second one: responsible manager of the girl did not name his daughter, so is the marriage invalid? Because righteous sheikh ((Mohammad bin Saleh Alothymeen)) (mercy be upon him) says that it’s a condition, and I did not consummate the marriage yet (by sexual intercourse).

May Allah bless you sheikh.


So His Eminence replied – may Allah reward him – :

 And upon you is peace and Allah’s mercy and blessing,

All praise be to Allah;

May Allah bless you for your thinking well about me, I’m the poor slave to the forgiveness of Allah.

I say – seeking guidance from Allah – :

 The answer of the first question: after researching, I did not found any proof in the Qur’an and the Sunna mentioning frankly the conditionality of  the obligation and the acceptance, but the scholars – according to my understanding – from the texts of the revelations (the Qur’an and the Sunna), the doing of the ancestors (the  companions and their followers), the custom which was ruling since  before the mission (of  prophet peace be upon him) and the approval of prophet (peace and blessing be upon him), and the Muslims accepted it from ancestors to successors until our day. And Allah knows best.

The answer of the second question: the contract (of marriage) is correct (Insha’Allah) (by Allah’s willing) that because he mentioned the name of the married girl in the same sitting, and it has been officially written, this from a side.

From another side: and in the same sitting, the legal contract was done with same girl, and even if her name was not mentioned, it’s already exist in the mind, and naming the wonted girl is for who has more than one daughter for distinguishing, and here it’s already clear, so the contract is correct.

And all praise be to Allah