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FATWA

 FATWA

Definition: A fatwa is an Islamic religious ruling, a scholarly opinion on a matter of Islamic law.
A fatwa is issued by a recognized religious authority in Islam. But since there is no hierarchical priesthood or anything of the sort in Islam, a fatwa is not necessarily "binding" on the faithful. The people who pronounce these rulings are supposed to be knowledgable, and base their rulings in knowledge and wisdom. They need to supply the evidence from Islamic sources for their opinions, and it is not uncommon for scholars to come to different conclusions regarding the same issue.


The Suitable Age For Marriage
Question:

What is the suitable age for marriage for men and women, because some young women do not accept marriage from those who are older than them? Likewise, some men do not marry women who are older than them. We request a response and may Allaah reward you with goodness.
Answer:

I advise young women not to refuse marriage from a man due to his age, such as being ten, twenty or thirty years older than her. This is not a reason, because the Prophet, sallallaahu alayhi was salam, married 'A'ishah, may Allaah be pleased with her, when he was fifty-three years old and she was a girl of nine years old. So being older does not harm. There is no sin in the woman being older, nor any sin in the man being older, because the Prophet, sallallaahu alayhi was salam, married Khadijah, may Allaah be pleased with her, when she was forty years old and he was twenty-five years old, before the Revelation came to him, sallallaahu alayhi was salam; that is, she, may Allaah be pleased with her, was fifteen years older than him. Then he married 'A'ishah, may Allaah be pleased with her, when she was small - six or seven years old and he was fifty-three years old. Many of those who speak on the radio or television deter people from marriage between men and women of differing ages - this is all wrong & saying such things is not permissable for them. It is obligatory for a woman to look at the (prospective) husband, and if he is righteous and suitable, she should agree, even if he is older than her. Similarly, a man should devote himself to finding a righteous, religious woman, even if she is older than him, if she is still young and still fertile. In short, the age should not be an excuse and it should not be considered something shameful, as long as the man is righteous and the woman is righteous. May Allaah reform the situation of us all.

The Disbelieving Father May Not be a Guardian of His Daughter in Marriage
Question:

A young Muslim man wants to marry a Muslim girl, but her father, who is a habitual drinker, and an apostate always refuses. Is it permissable for this father to contract the marriage of his daughter?
Answer:

If she is a Muslim, then there is no objection to the young Muslim man marrying her. But her father may not be her guardian if he is a disbeliever; instead, her brother may give her in marriage, if she has a good brother, or her paternal uncle, or her paternal cousin, or her brother's son - if she has paternal Muslim relatives - then the nearest of them may give her in marriage. And if there is no one besides the disbelieving father, the Judge may give her in marriage.

The Ruling on Giving a Daughter in Marriage to One Who Does Not Pray
Question:

One of my kin has proposed to my daughter and I am under an obligation to him, (for example, for having lent him money, or shown some kindness to him etc.) but he is addicted to alcohol and he keeps company with bad people and prays little, or does not pray at all. He is also addicted to watching videos and television and other time-wasting devices and I am in difficulty regarding him. I request clarification of the ruling of Islam in the matter.
Answer:

If the person proposing to your daughter is as you have described him, then it is not permissible for you to give her in marriage to him, because she is a trust in your hands, so it is incumbent for you to choose for her the most righteous man in his religion and his character. It is not permissible for a person who does not pray to be married to a Muslim woman who does pray, since he is not a suitable match for her, because abandoning the prayer is an act of major disbelief, according to the saying of the Prophet sallallaahu alayhi was salam:
‘Between a man and polytheism and disbelief is the abandonment of prayer.’ 
And the saying of the Prophet sallallaahu alayhi was salam:
‘The covenant between us and them is prayer; whoever abandons it has committed an act of disbelief.’ 
Narrated by Imam Ahmad and the compilers of the Sunan, with an authentic chain of narrators.
There are many other evidences in the Book (of Allaah) and the Sunnah which prove the disbelief of one who abandons the prayer, even if he does not reject its obligation, according to the most correct of two opinions held by the scholars. However, if he rejects its obligation or mocked it, then he is guilty of major disbelief according to the consensus of the Muslims.
As for the one who drinks alcohol but prays, he is not guilty of disbelief by doing this, as long as he does not claim that it is permissible, but he has committed a major sin and he has gone astray thereby. Therefore, it is lawful for you not to give her in marriage to him, even if he prays, due to his sin and because he might lead his wife and children to this great crime.
We ask Allaah to improve the situation of the Muslims and guide them to His Straight Path, and to preserve us and them from obeying vain desires and Satan, for verily, He is Most Generous, Most Noble.

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