S/land court approves Marriage of Midgan boy&Gadabursi girl

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Alphanumeric
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by Alphanumeric »

Exactly my point. Unless the wali (all possible walis) are proven unreasonable, a woman must have a guardian present. Even then, if all possible walis are proven unreasonable, it's the judge who during the nikah procession gives her away in marriage. This is before any documents are signed, from all the marriages which I've seen.

What you seem to be telling me now is all the folks in Qatar go over to Egypt, etc and get married there despite their walis disapproving of their marriage, and then returning to Qatar with foreign marriage documents.

I understand about the legal holes. So whether or not the wali approves or disapproves, once a marriage contract is made in whichever country it was forged, it's a binding document overseas as well. Nullifying the entire argument of wali. I see.
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by Hyperactive »

no brother not every one in qatar go to other country. im talking about people who cannot legally marry here to avoid wali presents requirements they go where is legal shar'an where hanafis approves. then they can legalize. but even in hanabila, malikia and shafi'i. if the the mariage passed time, exmple pregnancy. no one can separate them.

so the whole point was Hanafis do not require any wali presents or even his knowledge. once he knows if he wants can go to judge and asks to make the marriage ends! but still before that marriage already done.

as fiqs say " haq e3tiraath" not " haq wojood"
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by Alphanumeric »

Then we're back to a misunderstanding. I have always been under the impression that a wali was a necessity in every marriage, regardless of madhab. Though requiring permission of a wali may differ.
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by Mondey »

Hyperactive, the presence and approval of the wali (father/brother etc) is a must for any shariica sunnah nikaax and its conditional,, the wali has to approve and say " zawajtuka heblaayo.." if there is a good reason for refusing the guy then the wali can refuse.. if the wali refused for nonsense reasons then here the court intervenes and weds them..

in this case here, the wali did not approve or even knew about the marriage let alone refusing, the couple were together for quite long time and the girl claims she is pregnant... a girl cannot wed herself to a guy,, this is like the egyptian type of marriage called "curfi" which is almost a Zina rather than a sharci marriage.

one more thing some ppl should really stop using the "oh my God he is a muslim why would he be refused" card bcoz not every muslim is a good man or good enough for marriage and i dont think any of u know better than her father.
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by LiquidHYDROGEN »

Listen guys, you aren't faqihs so I don't think you have the authority to discuss or argue on such matters. :up:
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by oxymoron »

oh wow. :|
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Re: S/land court approves Marriage of Midgan boy&Gadabursi g

Post by AhlulbaytSoldier »

A good judge :up:

I would like to marry madhibaan sister in the future inshallah.
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