Fatwa: # 19216
Category: Marriage
Country: India
Date: 21st April 2011

Title

1. I am a proposed groom.we were in the process of marriage wherin we were about to formally accept the proposal from bride side... 2. A Person wishes to make her daughter as a adopted child of another couple

Question

1. ASAK,I am a proposed groom.we were in the process of marriage wherin we were about to formally accept the proposal from bride side and confirm the same. At this juncture unfortunately, father of the bride has expired(may Allah grant maghfirat to him).My(Groom's) mother is a dialysis patient and she wishes to see off my marriage as soon as possible, also the expired bride's father was also very happy with the match and wanted early marriage to happen. since bride's mother is in IDDAH, we are confused whether we can do marriage in this times as per shariah. So Please guide us with the right approach we have to make we dont want to do anything outside shariah but everything pleasing Allah.

2. A Person wishes to make her daughter as a adopted child of another couple for the benefit of education of the child.The Adopting parents are his own blood relations and they have access to excellent education facilties for their children. This requires legal papers to be made which legally means the child is adopted, whereas the child will continue to stay with the valid parents. doing like this for the sake of education is allowed?, can we do like this?

Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

1.      Marriage is simple affair. Once a suitable marriage partner is identified and one is sure of his or her choice of marriage, then the marriage should not be performed without undue delay.

We understand your predicament in making a decision to marry immediately. Your mother wishes to be part of your happy occasion but your future mother-in-law is in iddat, which is a mourning period. If will be naturally difficult for her to mourn as well as be happy in her daughter’s marriage. If the period of expiry of iddat is long, then considering both mothers condition, a possible path maybe to to have just a Nikah. The rukhsati (consummation of the marriage and walimah) could be delayed until after the expiry of the iddat.

This will fulfil the mother to some extent, and it wont be too much of an emotional burden on your future mother-in-law. It is a norm in a marriage for the bride’s mother to also adorn herself as an expression of happiness in her daughter’s marriage. Should the nikah take place during her iddat, this Shari angle and observing the laws of iddat must be considered.

2.      The family is extending its educational facilities to the child in reference by merely legally adopting the child. This is permissible.

And Allah Ta'āla Knows Best,

 

Muftī Ebrahim Desai

Daruliftaa
35 Candella Rd, Durban, South Africa

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