['Aalim Network QR] Mut'a

[abbas@dircon.co.uk (Abbas Jaffer)]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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The following question was kindly answered by Br. Mustafa Jaffer.

Regards

Abbas Jaffer
Acting Moderator - ABDG-A.

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Question:

I'm writing in order to help one of my friends who is facing difficulties at
university.

My friend who we will refer to as "Ali" wishes to perform Mutah with a girl
who he has known for a long period of time. However he is unsure as to whose
consent is required for the marriage to be in order.

Both parties are aware that if the girl's father of paternal grandfather is
asked their consent, it would not be granted and the girl would suffer
greatly at the hands of her parents who no doubt would send her away and
would do everything possible to make sure she and Ali never get together. 

Therefore under such circumstances would it be permissible to go ahead with the
Mutah without any of the parents knowing. 

Once again, if any of her parents were asked her life could be totally ruined.

Ali does the taqleed of Ayatollah Seestani..

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Answer:

Bismihi Ta'alaa

According to Ayatullah Seestani, it is very important that even though a
girl may have reached an age of maturity where she is almost totally
independent, she still has to seek the permission of her father or her
paternal grandfather before she marries.

However, there are certain instances in which she can proceed to marry
without their permission. The instances listed down are:

i) If she is not a virgin
ii) If she is a virgin, but her father and paternal grandfather refuse to
grant her permission to marry a man who is compatible to her in the eyes of
Shariah and custom.
iii) If the father and grandfather are not in any way willing to participate
in the marriage.
iv) If they are not in a capacity to give their consent like in the case of
mental illness.
v) If it is not possible to obtain their permission because of their
absence, or such other reasons, and the woman is eager to get married urgently.

 By clause (v), the urgency in my opinion refers to the dangers the girl may
feel she is exposing herself to and the potentials of her performing a
haraam act. If such is the case, then there is no need to take permission
from the father or the paternal grandfather.

Wallahu A'alam


Mustafa Jaffer