Wants to marry off his mother to a man who will embrace Islam to marry her
Fatwa No: 131349

Question

Assalamy alaikom, I have a curious question about marrying a couple. I am a muslim living in Montreal, Canada, and so does my family. My mother (a muslim) would like to marry a local canadian man, who is looking to convert to islam. As her son, do I have the right to wed this couple if he converts? they are looking to marry between themselves and allah, not register anything (legally) as of yet, (due to personal reasons from his side). any help would be appreciated. Thank you. Salam.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

If you are an adult, then it is permissible for you to marry off your mother to that man if he becomes a Muslim, because the son comes in priority over the father in marrying off a woman according to the Hanafi and Maaliki Schools of jurisprudence, whereas the Hanbali School is of the view that the father [of the woman] comes in priority over the son. Therefore, according to this latter view, it is not permissible for you to marry off your mother if her father is alive and is a Muslim unless he gives you permission to this effect. For more benefit, please refer to Fataawa 83629 and 92746.

As regards them marrying in secret, if you mean that they agree to get married without the presence of neither the guardian nor the witnesses, then this is a void marriage. However, if what is meant is that they get married with the presence of the guardian and two witnesses but without making this marriage public, then this marriage is valid because it is not an obligation to make the marriage public but it is desirable. For more benefit, please refer to Fatwa 81385.

The following two matters should be mentioned:

1-    Your mother should not hasten to accept to marry this man as soon as he becomes a Muslim until it becomes clear that he is a good Muslim, and then she should perform the Istikhaarah prayer about him. At these times, there is much deceit in such matters and a person may embrace Islam and then apostates. For more benefit on how to perform the Istikhaarah prayer, please refer to Fatwa 81434.

2-    Authenticating the marriage is a way of protecting the wife’s rights, and whenever it is possible to do it, one should not hesitate.

Allaah Knows best.

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