Fatwa: # 19571
Category: Marriage
Country: United Kingdom
Date: 11th November 2011

Title

Is it compulsory to accept a Sayyid’s proposal?

Question

I am a Han Chinese Muslim who converted to Islam about 29 years ago. My wife and I who is also Han Chinese have a beautiful 25 year old daughter. Our daughter, who is a little naïve, has recently fell in love with this man. The man is a Pakistani Sayyid.

After meeting this man and seeing his behavior, I realized he is not a very good person. The man slanders, says many bad words, and does not practice Islam very well. If my daughter marries this man, her life will be ruined and my grand children are not going to be very religious.

When I mentioned this to the man that I will not permit the marriage of my daughter, he laughed and said that I can’t stop the marriage because he is a Sayyid.

Is it true that I can’t stop this man from marrying my daughter just because we are not Sayyid and he is a Sayyid? We have no problem marrying our daughter to someone from a different culture. We just want someone who is a good practicing Muslim.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Alhamdulillah we are pleased to hear that you are very concerned about the marriage of your daughter in choosing a pious and a right husband for her.

However, the boy being a Sayyid does not mean that he has the right to compel the girl to marry him. The condition of Nikkāh is simply the mutual agreement between the boy and the girl.[i]

And Allah Ta’āla Knows Best

Mawlana Abdul Hannan Nizami,
Student Darul Iftaa
USA

 

Checked and Approved by,
Mufti Husain Kadodia.
www.daruliftaa.net


 [i] المحيط البرهاني في الفقه النعماني (3/ 5)

الفصل الأول: في الألفاظ التي ينعقد بها النكاح

قال القدوري رحمه الله في «كتابه» : عقد النكاح ينعقد بلفظين يعبر بهما عن الماضي نحو أن تقول المرأة: زوجت، ويقول الرجل: قبلت، قال: وينعقد أيضاً بلفظين أيضاً، يعبر بأحدهما عن المستقبل نحو أن يقول الرجل: زوجت.

 

العناية شرح الهداية (3/ 189)

(الهدايه) النِّكَاحُ يَنْعَقِدُ بِالْإِيجَابِ وَالْقَبُولِ بِلَفْظَيْنِ يُعَبِّرُ بِهِمَا عَنْ الْمَاضِي وَيَنْعَقِدُ بِلَفْظَيْنِ يُعَبِّرُ بِأَحَدِهِمَا عَنْ الْمَاضِي وَبِالْآخَرِ عَنْ الْمُسْتَقْبَلِ، مِثْلَ أَنْ يَقُولَ زَوِّجْنِي فَيَقُولَ زَوَّجْتُك

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