Euphoriia wrote:Futhermore they were Jahils at the time and the girl become practising so realised what she was doing was wrong thus stopped talking to him, but because they have feelings for each other that they cannot just ignore, they want to get married.
Thank you for clarifying that, I missed this vital detail and judged too harshly initially.
Euphoriia wrote:Anyway we live in a westernised country where boys and girls talk. There is no such thing as the father putting an end to a problem
You are correct and this is why I am returning to Afghanistan in 1 year and 8 months from now. Neither I nor my wife can ethically raise our daughter in the west beyond age 5. We considered home schooling and keeping her confined to the house but eventually it would get to a point where it would be virtually cruel to have a child in a country where they are forbidden from participating in almost everything and they basically just exist in a room, in a house with closely monitered internet access and no television or communication with the outside. Apparently many serious orthodox Christians here have a similar set up. But I still have a house in Musa Qala, so it just seems the wiser solution.
Titanium wrote:ALSO, the father has no right to refuse you. It is not Islamic what he is doing. If you a good practicing Muslim, he can't refuse you to his daughter.
As a talib e ilm, I should issue a response based in solely in Islam and not in Pashtun tribalism... I note that Titanium's statement is correct. According to the respected Hanafi fuquha (and all four Madhabs), the wali must have
Islamically relevant reasons to deny the marriage. Infact and this may shock you, in Hanafi fiqh, we maintain the view that the wali is not necessarily rukn or essential for the marriage. Rather, it is a prerequisite (shart). What this means in Hanafi fiqh is that when a young lady who has reached the age of full-maturity who is allowed to execute her own legal contracts (around 20 years old in most societies) without the permission of a wali, when she executes the marriage without the agreement of her marriage guardian, such a woman's marriage is deemed valid. Nevertheless, she is considered sinful for not fulfilling the prerequisite of having a guardian initiate the contract. (She must answer to Allah for that.) Such a woman's marriage will nonetheless, be acknowledged as being valid. As for the other 3 madhabs, the marriage would have to be annulled and the two parties would have to be remarried with all the appropriate conditions fulfilled.