Question & Answer » Search (consent)
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Question: Some Western governments allow the daughter to be independent of her parents, after she has passed the age of sixteen. If she seeks her parents advice, it is only for seeking their opinion or out of respect for them. Is such a virgin girl allowed to marry, be it permanent or a temporary marriage, without the consent of her father?
Answer: If this means that the father has allowed her to marry whomsoever she wants or that he has withdrawn from interfering in the matter of her marriage, it is permissible for her to do so; otherwise, based on obligatory precaution, it is not permissible.
Permanent Marriage
2
Question: A woman, who is not obedient to her husband and does not carry out her matrimonial obligations, had, without his consent, left her matrimonial home and stayed with her parents for seven months. She, then went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the infant children. Has such a woman, who has violated her marital duties, any right in anything from her husband?
Answer: The said woman is not entitled to shari'i maintenance. As for her dowry and her right in nursing her offspring for the hawlayn (the two years), it should not be forfeited by virtue of nushouz (recalcitrance of the woman toward her husband).
Divorce
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Question: A woman, who is not obedient to her husband and does not carry out her matrimonial obligations, had, without his consent, left her matrimonial home and stayed with her parents for seven months. She, then went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the children. Has such a woman, who has violated her marital duties, any right in anything from her husband?
Answer: The said woman is not entitled to shari'i maintenance. As for her dowry and her right in nursing her offspring for the hawlayn (the two years), it should not be forfeited by virtue of nushouz (recalcitrance of the woman toward her husband).
Child Custody
4
Question: If a woman is over thirty years of age, and still virgin, is it necessary for her to seek the permission of her guardian for marriage?
Answer: If she is not independent, it is obligatory on her to seek his consent. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.
Permanent Marriage
5
Question: When a person is diagnosed as having ADIS, is it permissible for the doctor or is it obligatory on him to inform the patient’s relatives, especially their spouse?
Answer: It is permissible to inform them, if the patient or his guardian gives consent. It is obligatory if the survival —for a longer time span— of the patient depends on it. It is similarly obligatory, if he knows that by not informing them, the virus would infect them for not taking necessary precautions.
Medical Issues
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Question: In certain cases, some governmental agencies demand that autopsy be performed on the body of the deceased to establish the cause of death. When is it permissible to agree to their demand and when is it not?
Answer: No heir of a deceased Muslim is allowed to give consent for autopsy to be carried out on the body of the deceased for the purpose mentioned above and other similar purposes; and it is necessary for him to prevent the autopsy if possible. Of course, if another important factor at play that of equal or more importance than this basic rule such as securing the life of an innocent individual Muslim, it is permissible .
Autopsy
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Question: Sometimes the doctors reach the following conclusion: This foetus is afflicted with a very serious disease; it is therefore preferable that it should be aborted because if that child is born, it will be deformed or will die soon after birth. Is it, therefore, permissible for the doctor to abort the foetus? Is it permissible for the mother to agree to the abortion? And who of the two will become liable for indemnity?
Answer: Just the fact that the child will be deformed or that it will not live for a long time after his birth does not ever justify the termination of the pregnancy. Therefore, it is not permissible for the mother to consent to the abortion just as it is not permissible for the doctor to go ahead with the procedure. And whoever performs the abortion will become liable for the payment of indemnity.
Abortion
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Question: If a woman is over thirty years of age, and still virgin, is it necessary for her to seek the permission of her guardian for marriage?
Answer: If she is not independent, it is obligatory on her to seek his consent. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.
Marriage
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Question: A Muslim man who is married to a Muslim woman migrated from his country.
After a lengthy stay in the West, he wants to embark on a temporary marriage with a woman from Ahlul Kitab just a few days after divorcing his Muslim wife.
Is this permissible for him, especially when his Muslim wife is still in her waiting period (al-‘idda)?
Answer: The temporary marriage mentioned in the question is considered invalid because the wife who is in her waiting period of a revocable divorce is still considered as a wife.
If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.
Iddah (waiting period)
If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.
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Question: A woman, who is not obedient to her husband and does not carry out her matrimonial obligations, had, without his consent, left her matrimonial home and stayed with her parents for seven months. She, then went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the children. Has such a woman, who has violated her marital duties, any right in anything from her husband?
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Answer: The said woman is not entitled to shari'i maintenance. As for her dowry and her right in nursing her offspring for the hawlayn (the two years), it should not be forfeited by virtue of nushouz (recalcitrance of the woman toward her husband) .
Maintenance