Advanced search
Visit
9426
Last Updated: 2009/06/25
Summary of question
Is it permissible to contract a temporary marriage with a Sunni girl without her father’s consent?
question
is it permissible to contract temporary marriage with a sunni woman without her fathers permission?
since the father is a strict sunni, it is assumed that he does not believe in the legitimacy of temporary marriage and therefore, will not grant permission.

the woman in this case has not been married before however is not a virgin due to having committed fornication before.
Concise answer
This question doesn’t have a brief answer. Please click on the detailed answer.
Detailed Answer

Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so. It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met[1], namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin. If the girl isn't a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent[2] (although it still isn't mandatory). Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).[3]

Of course some mujtahids such as Ayatullah Nouri Hamedani say: “The father or paternal grandfather’s (in the case of not having a father) consent isn't a condition, although it is better for them not get married without having their opinion and permission. Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”[4]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.[6] Nevertheless, since this girl’s virginity has been lost through other than marriage, she shares the ruling of virgins according to some mujtahids, and must get her father or paternal grandfather’s consent first.[7]

For further information, you can refer to the following:

1- Marrying Sunni girls, Question 1254 (website: 1333).

2- Father’s consent regarding virgin daughter’s marriage, Question 4958 (website: 5248).



[1] Question 1290 (website: 1275).

[2] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.

[3] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.

[4] Question 1483 (website: 1530).

[5] Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.

[6] With help from: Marrying Sunni girls, Question 1254 (website: 1333).

[7] With help from: Marrying a Sunni girl, Question 2252 (website: 2376).

Question translations in other languages
Comments
Number of comments 0
Please enter the value
Example : Yourname@YourDomane.ext
Please enter the value
Please enter the value

Thematic Category

Random questions

  • What is bid’ah and what are its related rulings?
    7744 Laws and Jurisprudence 2010/01/06
    Bid’ah literally refers to anything new and unprecedented and in Islamic terms, means to relate something to religion that really doesn’t belong to it. Bid’ah is one of the kaba’ir or great sins. Nevertheless, it isn't permissible to destroy their property without the Islamic government’s ...
  • Who has more power and influence, God or Satan?
    6247 ابلیس و شیطان 2019/06/12
    Undoubtedly, the power of God, who is the Creator of of all things, is more than Satan in all matters. However, when Prophet Adam (peace be upon him) obeyed Satan's advice and refused to obey God's command, it was not because of the influence of Satan's word; ...
  • What is Imam Ali’s (a) viewpoint on the intellect of women versus that of men?
    18449 Contextual study 2010/08/17
    Imam Ali (a) has never said that men are higher and more superior than women in terms of intellect and emotions. What has been attributed to Imam Ali (a) in the Nahjul Balagha, if it is authentic in its narration, relates to a very specific ...
  • What educational system is followed in Iranian Howzah schools?
    8268 History of Fiqh 2011/11/21
    Today education in Iranian Howzah schools starts when students attend these schools after finishing middle school or high school (and achieving a diploma). During their educational career they pass the different levels of studies including mughaddamati (Introductory studies) which consists of Arabic syntax and grammar, ma’ani, bayan, logic, ...
  • How was the creation of man according to the Quran?
    31681 Traditional 2009/06/22
    The Quran has explained the creation of man and his origin using different words and phrases. Some verses say that the initial material man comes from is clay. Other verses say it is water, while a third group say it is sperm. Meanwhile a fourth group says it ...
  • Did the Imams battle for power and did they want a hereditary form of government?
    8371 Traditional 2011/11/09
    Firstly, the seerah (biography) of the Imams shows that the Imams did not struggle for power nor did they have a craving for power. If at times they were defending their rights, it was because they believed it was their obligation to do so.This saying of Imam ...
  • what is the Ruling on eating holy bread offered by christians?
    9831 Practical 2006/10/09
    Dear Brother/Sister,Assalam alaikum wa rahmatullah.The answer to your question is as follows: From a fiqhi perspective there is no problem in what you done, as long as what you ate is not regarded as impure ...
  • What is the Shari'ah law concerning marriage with a Sunni girl?
    10682 Laws and Jurisprudence 2010/12/23
    According to Islam, marriage is the basic institution which aims at establishing the family, the primary unit of society. It is desirable and recommended by itself but if a person is in need of marriage and is afraid that he may fall into haram, then marriage becomes ...
  • Is it necessary to take part in all the secular school programs?
    6852 Laws and Jurisprudence 2011/01/10
    Office of Grand Ayatollah Sistani (may Allah grant him long life):Taking part in such activities is a matter of precaution. [That is, you should exercise precaution by not taking part in those programs.]Office of Grand Ayatollah ...
  • Is it true that some Muslim Gnostics can fly or levitate?
    12309 Practical 2007/02/08
    That which you have mentioned is an effect and result of Man’s spiritual strength, sometimes this may come about by acting in accordance with religious laws and legitimate ascetic discipline. This means that; by moving closer to Allah, Man can possess the greatest name ...

Popular