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Old Saturday, April 10, 2010
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Default issues related to consent of woman for her marriage

i want your opinion on this very important issue..
In pakistan such kind of inciddent happens,well,what is the procedure of giving a girl RISHTA to someone,means her permission is necessary or not,second when her parents give her rishta to someone without his consent,and the girl is not happy with rishta then what is her rights in islam and constitution of pakistan,that she can fight for her rights to break the rishta....or she should surrender her happines?

How Human rights commission will handle such cases?
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There is a halal arranged marriage and a haram one. It is OK to arrange marriages by suggestion and recommendation as long as both parties are agreeable. The other arranged marriage is when parents choose the future spouse and the couple concerned are forced or have no choice in the matter. One of the conditions of a valid marriage is consent of the couple. The choice of a partner by a Muslim virgin girl is subject to the approval of the father or guardian. This is to safeguard her welfare and interests.

The Prophet (peace be on him) said, A woman who has been previously married has more right concerning her person than her guardian, and a virgin's consent must be asked about herself, her consent being her silence. (Reported by al-Bukhari and Muslim.) Ibn Majah and some other transmitters report the following hadith: A girl came to the Prophet (peace be on him) and informed him that her father had married her to her cousin against her wishes, whereupon the Prophet (peace be on him) allowed her to exercise her choice. She then said, 'I am reconciled to what my father did but I wanted to make it known to women that fathers have no say in this matter.'
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I have a question regarding woman's consent. What if a 12 year old girl (not adult) is married to a man of her father's age. What if she say yes without even knowing what is happening to her ? Is it lawful ? And is such a marriage according to sharia ?

cheers,
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Default last island

well,kindly help me.i am the witness of such a haste decision made by a girl parents and the girl using every trick to break up the rishta bcz she doesnt like the rishta selected by her parents.now what appropriate way she follow to break up the rishta?

and what human rights charter and constitution ssay about such matters?
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Old Saturday, April 10, 2010
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Quote:
Originally Posted by floydian View Post
I have a question regarding woman's consent. What if a 12 year old girl (not adult) is married to a man of her father's age. What if she say yes without even knowing what is happening to her ? Is it lawful ? And is such a marriage according to sharia ?

cheers,
floydian
There are no hard and fast rules for age about adulthood, it varies from place to place according to climate, weather and others factors and the most important is cuisine. I consulted a religious scholar and according to his statement, “Walayat – (guardian) parents of child/girl have the right and this marriage is legitimate. In case, if she is adult and rejects the proposal, then her aspiration should be followed.

Al-Azhar Al-Sharif, the highest religious body in the Sunni world, has recently released a new manual on the rights of Muslim children. "Marriage in Islam is regulated by certain rules, namely, children must reach puberty and maturity so that they can get married,"

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Originally Posted by mashal khan View Post
well,kindly help me.i am the witness of such a haste decision made by a girl parents and the girl using every trick to break up the rishta bcz she doesnt like the rishta selected by her parents.now what appropriate way she follow to break up the rishta?

and what human rights charter and constitution ssay about such matters?
Our religion, law, constitution, society and human charter allow her to get marriage according to her aspiration. It is not a proper way to resort to media, court or human rights commission because she will not only offend her parents but also herself.

The girl should convince her parents through those relatives who have soft corner for her. Moreover, girl should also look into the proposal again and contemplate over that guy. He might be proved good for her, a blessing in disguise.

As a last resort she reserves the right to reject the proposal absolutely. No one can force her to marry against her own will. Before doing so, she should look into our society and consequences.
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Last edited by Andrew Dufresne; Saturday, April 10, 2010 at 06:37 PM. Reason: Merged
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Old Sunday, April 11, 2010
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im telling u a Hadith,which can well decsribe the rights of a girl about her marriage "Aik bar Hazrat Muhammad(PBuH) k pass Maa Baap faryad le k aye k hamari beti hamare tae kie gae rishte s inkar kar rhi hai,,Aap(PBUH)ne larki se wajah pochi..tou us ne sirf ye kha"Mujhe us larke ki shakl pasand nhi..AAP(PBUH)ne farmya "is rishte ko khatum kr do"....
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