DDHK. ORG – Marrying a widow in a foreign country like Hong Kong, must a guardian be present? Listen consultation With the following ustadz.
Assalamualaikum chaplain.
What are the conditions for marrying a widow in HK, do you still have to have a guardian? How is the process?
Greetings, Fulan
ANSWER:
Peace be upon you and God's mercy and blessings be upon you
WL…
Islam is a religion that glorifies women, one of which is if one of them gets married, then one of the pillars that must be fulfilled is the presence and presence of a guardian.
Marriage guardian for women is as mentioned by Imam Abu Suja' in Matan al-Ghâyah wa Taqrîb p. 3:
God bless you God bless you يب فإذا عدمت العصبات ف…الحاكم
"The most important guardians are father, grandfather (father's father), mother and father's (biological) brother, father's brother, father's mother's brother's son, father's brother's son, paternal uncle, and uncle's son from the father's side. Such is the order. If there is no inheritance of 'asabah, then…the judge.”
There is indeed a difference of opinion among the Ulama of the school of thought as to whether a widow, whether divorced by her husband who is still alive or because he has died, whether there should still be a guardian when she wants to remarry.
This is because widows have more rights over themselves than girls or virgins. Imam Abu Ishak Ibrahim bin Ali bin Yusuf al-Fairuzzabadi al-Syairazi in al-Muhadzdzab fi Fiqh al-Imam al-Syafi'i p. 429-430, states that:
ويجوز للأب والجد تزويج البكر من غير رضاها صغيرة كانت أو كبيرة لما روى ابن عباس رضي الله عنه أن النبي صلى اللقث عليه وسلم حلي: Prophet Muhammad SAW يستأذنها للخبر وإذنها صماتها لما روى ابن عباس رضي الله عنه أن النبي صلى الله عليه وسلم قال: “الأيم أحق بنفستها من وليفأ وإذنها صماتها”
"It is permissible for fathers or grandfathers to marry off virgins without their consent, both children and adults as in the hadith narrated by Ibn Abbas radliyallahu 'anh, that the Prophet said: 'A widow has more rights over her guardian, and a virgin's father may rule for her'. This hadith shows that the guardian has more rights over a virgin. If the virgin is an adult, then it is sunnah to ask permission from her, and her permission is silent, as in the hadith narrated by Ibn Abbas that the Prophet said: 'The widow has more rights for herself than her guardian, and the virgin gives permission for herself, by being silent'.
Allah Subhanãhu wa Ta'ala says:
Amen Amen ِ الْآخِرِ ۗ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهَرُ ۗ وَاللَّهُ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُ
“If you reject your wives, then their iddah period expires, then don't prevent them from remarrying with their future husbands, if there is agreement between them in a way that is ma'ruf. That is what is advised to those who believe among you in Allah and the Last Day. It is better for you and holier. Allah knows, while you do not know." {QS Al-Baqarah: 232}
Therefore, if a widow wants to marry, then who is her guardian?
According to Imam Malik, if a widow wants to remarry, it must be with the approval of her guardian and she is absolutely not allowed to marry herself. So if the widow remarries, the presence of a guardian to marry her off is a must and marriage without a guardian is invalid.
According to Imam Hanafi, the marriage of a widow without a legal guardian is fine, but the guardian may forbid the marriage if it is felt that the marriage is not in accordance with religious law, for example the woman marries a man of a different religion.
According to Imam Syafi'i, the presence of a guardian in a marriage is a must because a marriage guardian is one of the pillars of marriage that must be fulfilled and if there is no marriage guardian the marriage is invalid including the marriage of a widow.
Meanwhile, according to Imam Ahmad, he stated that a widow's marriage must be with the approval and presence of her guardian. Even without a marriage guardian in a widow's marriage, the marriage law is invalid or the marriage is void.
From the conclusion above, marrying a widow must still have a guardian. However, remember that a widow has more rights over herself and cannot be forced by her guardian, unlike a girl or a virgin. However, if the widow's guardian disapproves of her marriage for insufficient or unacceptable reasons, then the guardian can be replaced by a judge who is justified in Islamic law.
Wallahu a'lam.
Hope it is useful…
Peace, mercy and blessings of God
Answered by Ustadz Very Setiawan.
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