Marriage without a guardian/witness?


 

 

How I gave up on a modern Muslim marriage | Huma Qureshi

The British Muslim Parliament, Muslim Women Network and the Muslim Institute, agreed to some changes to Muslim marriage law:, ie 1) an adult bride does not need a wali (a guardian or witness), 2) a wali can be a woman or non-Muslim.

Umdatal Salik thinks that the above Muslim organisations are adjusting the sharia for Muslims in the UK. Those changes, however, are not Sharia-compliant and will never be accepted in a sharia-ruled country. According to the Umdatal Salik, Book M in the http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf :

THE WITNESSES: m3.3 The second integral is that the marriage have witnesses, it not being valid unless two witnesses are present who are:

(a) male ;

(e) Muslims …

THE BRIDE’S GUARDIAN: m3.4 The third integral is the (A: bride’s guardian (O: since a woman may not conduct her own marriage. Ibn Majah relates that the Prophet said. “Let no woman marry a woman to another or marry herself to another.”

Daraqutni related this hadith with a chain of transmission meeting the standards of Bukhari and Muslim). The marriage agreement is not valid without a guardian who is:(a) male; (b) legally responsible (mukallaf, def: c8.1); (c) Muslim; (d) upright (def: o24.4);(e) and of sound judgement.

The following may not be a bride’s guardian: (1) a woman; (3) a non-Muslim.

A non-Muslim responsible for a non-Muslim bride may be her guardian (O: provided he does not violate the rules of his own religion), though a Muslim may not. m3.6 (n: If the bride has no Muslim guardian and there is no Islamic magistrate to act as one, she mayauthorize a male Muslim who has the qualifications of an Islamic judge (def: o22.1)-or if there is none, then a male Muslim who is legally upright (def: o24.4)-to act as her guardian in marrying her to the groom (Mughni al-muhtaj ila ma`rifa ma`ani alfaz al-Minhaj (y73), 3.147).)

OTHERS:

m3.0 THE INTEGRALS OF A MARRIAGE AGREEMENT

Extraneous conditions added to the marriage contract, such as that the husband observe monogamy or the like, are not binding, being meaningless, though they do not invalidate the marriage agreement, which remains effective.)

 

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