LIMITS OF THE GUARDIAN’S AUTHORITY IN WHAT HE ORDERS AND PROHIBITS IN MATTERS OF MARRIAGE AND ITS SEPARATION

Hudud Sultat Waliun Al'amr Fima Yamur Bih Wayanhaa Eanh Fi Qadaya Alnikah Wafirqah

A paper written by Sheikh Abd al-Karim Zidan, this research was printed with a group of other jurisprudential studies and published in a book entitled (A Collection of Contemporary Jurisprudence Research ).

The sheikh says about this research :

Praise be to God, Lord of the worlds, and may blessings and peace be upon our Messenger Muhammad and his family and companions. After :

This is a brief discussion (the limits of the guardian’s authority in what he orders and prohibits in matters of marriage and his separation). I have presented it in three chapters as follows :

Chapter One: And it

General introduction .

Guardianship of Muslims is one of the duties of the religion .

The nation must elect its own emir (guardian ).

Hurry to elect a guardian .

Guardian duties .

Evidence for guardian duties - and he mentioned some of them .

Obedience to guardians and evidence for that .

Obedience to the ruler is obedience to God and His Messenger, and the evidence for that .

Obeying the guardian is not disobeying God .

Ruling on the consent of the mother and the guardian to violate the Sharia .

Guardian authority is the power to implement, not legislation .

Guardian authority in discretionary matters .

Choose the guardian in matters of discretion .     

Chapter II

The limits of the guardian’s authority in what he orders and prohibits in marriage cases .

The first topic

Muslim marriage in the kibbiyyah .

The text of the Noble Qur’an as a solution to the marriage of the book .

It is not permissible for a guardian to prohibit a written marriage . 

He did not contradict the marriage of a Muslim scripture, but the Ja`fari .

The first is not to marry the book .

The second topic

Marriage of a non-Muslim to a Muslim woman .    

The prohibition of marriage of a non-Muslim with a Muslim woman and the evidence for that .

The Muslim’s position on the legal guardian of this marriage .       

The third topic

The requirement of a medical report for the validity of the marriage contract or its registration .

This condition is intended and cannot be fulfilled .

What a guardian may stipulate .    

The fourth topic

The guardian in the marriage contract .    

A guardian may not permit a marriage contract without the consent of the woman's guardian, and the evidence

On that and respond to those who authorized it .

The consent of the woman is required with the consent of her guardian .

The fifth topic

polygamy .

The Sharia ruling on polygamy . 

A guardian may not prevent polygamy .

Intercept and push it .

In pluralism there are interests for women, men and society .

No interest in preventing polygamy .

In preventing polygamy, freedoms are confiscated .

The Muslim’s position on preventing the guardian of plural marriage .      

Scholars' position on preventing the guardian of plural marriage .

The sixth topic

Requirement for a judge’s permission for polygamy .

The rule of this requirement .

Invoke interest for the permissibility of this condition .

The judge’s permission is useless .

Decision of the Research Academy in Cairo .

The seventh topic

Registering the marriage contract in the court after it has been conducted in it or in front of its representative .

What is stipulated by the guardian regarding the registration of the marriage contract .

The extent of the legality of this behavior from the guardian .

The legitimacy of the means must be accompanied by the legitimacy of the end .

The Muslim’s position on this behavior from the guardian .       

What the guardian has regarding the registration of the marriage contract .

The eighth topic

Defining Colts .

The authority of the guardian to determine the dowries .

The sayings of the jurists in less and more dowry .

It is desirable not to exaggerate the dowries .

The limit of exaggerating the dowries .

It is not permissible for a guardian to determine the dowry and its evidence .

The ninth topic

Temporary marriage (temporary marriage ).

Definition of this marriage and a statement of its ruling .

Evidence for the prohibition of temporary marriage .

Al-Jaafari evidence on the permissibility of temporary marriage and the response to it .

From the sayings of contemporaries regarding permissibility of temporary marriage and responding to it .

The guardian is forbidden to allow temporary marriage .

The position of a Muslim man or woman in a country that permits temporary marriage .

Chapter III

Limits of the guardian’s authority in what he orders and prohibits in the marriage difference   

The first topic

The requirement of the judge’s permission for the divorce .

Defining divorce in legal terms .

Who has the right to divorce and the conditions for it .

It is not a requirement for divorce, permission of the judge .

Damage to requiring a judge’s permission for the validity of the divorce .      

The substitute for a judge’s permission .  

The second topic

Limits of the guardian’s authority in divorce .    

Introduction and Research Methodology .      

The first requirement

Revocable divorce .   

Define it, when it occurs, and rule it .      

The second requirement

Irrevocable divorce        

Introduction / first section

Minor Baynunah irrevocable divorce .      

Its definition, when it occurs, and its judgment .

The second branch

Irrevocable divorce is major .       

Its definition, when does it take place, and whether the three divorce takes place with the wording of the three most correct saying and its evidence .       

The third requirement

Limits of the guardian’s authority in what he orders and prohibits in divorce and what is related to it .

First: On the right of absolute return .

No justification for the guardian's wrongful behavior is accepted .

Three divorce with one word .

Three divorce according to Yemeni law .

The third topic

Limits of the guardian’s authority in what he orders and prohibits in khula  

Introduction and Research Methodology .

Definition of khul` in the term and evidence of its legitimacy .

Ruling on asking for khula, in terms of prohibition and permissibility .

Sharia controls for a woman's use of her right to seek divorce . 

Cases of a woman requesting khula and ruling each case .     

The lawsuit asking for khula from the woman is heard .       

The husband must agree for the divorce to occur .      

A guardian may not require a khula divorce without the husband's consent .

It is not permissible for a woman according to Shariah to demand the rendering of the khula divorce based on what the guardian orders, contrary to Sharia

Intercept and push it .     

A summary of the story of a woman Thabit bin Qais, her argument and response to this protest .

The consensus on the need for the husband’s consent to the khula to rule it .     

Khula in Yemeni law .

Conclusion .

And God Almighty, I ask that he help me to the right thing in my research, and that it will benefit those who see it, because the Almighty is the one who hears the supplication and responds  .

Dr. Abdul Karim Zidan

Sana'a 1 Dhu al-Hijjah / 1425 AH

Corresponding to 11/1/2005 AD