Male Guardianship Over a Woman: Between Islam and Culture - Sayed Mohammed Baqer Al-Qazwini

29 Bekeken· 24/03/25

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[0:00][Music] specifically regarding the male guardianship over a woman the way that

[0:10]you find that being practiced in some Muslim countries is based on

[0:17]culture not Islam I'll give you a number of examples how many

[0:20]of you have heard of sisters wanting to go to the Hajj

[0:26]and in order for the embassy to grant her a visa she

[0:28]needs to go with a Mahon right with someone who's either her

[0:34]guardian like a husband father or brother somewhere is this an Islamic

[0:39]law where in the Quran or in the hadith of the Prophet

[0:42]sallallaahu Ali who are they is it a condition that for you

[0:47]to go to how'd you have to go with the maha yes

[0:51]we do have narrations that tell us it should be safe for

[0:55]a woman to go to the Hajj it should be safe so

[1:01]in the past when traveling was Sprite quite dangerous you needed a

[1:06]husband a father a brother someone to be there with you otherwise

[1:09]being two weeks on the journey walking on your feet going on

[1:14]a care about it was dangerous obviously so safety is very important

[1:18]but let's say today there is safety I mean the way today

[1:23]that you travel you travel with 300 people on the plane you

[1:25]go there it's a group you know Hamlet groups you're with hundreds

[1:32]of people there is no concern of you somehow and the way

[1:35]suddenly being I don't know abducted or violated or raped this is

[1:38]no longer the case in today's way of traveling so we don't

[1:43]have anything specific in the Quran or in the hadith that says

[1:44]a woman has to travel with a maja now when it comes

[1:49]to guardianship of a female and the religion of Islam a woman

[1:55]who's not married yet who's living with her father let's say she

[2:01]is her own guardian except in the issue of marriage anything else

[2:06]money buying selling shopping any that concerns her she doesn't need anybody's

[2:14]permission she doesn't need any guardian over let's say a female 25

[2:19]years old she's working she wants to buy a house does she

[2:22]need does she need to seek her parents permission no not according

[2:27]to Islamic law she doesn't need her parents permission she owns the

[2:31]money she's an adult she can buy fine yes under the age

[2:34]of nine her parents are her legal guardians and she cannot do

[2:40]anything without their approval but once she reaches the age of puberty

[2:43]that's it she makes her own decisions there's just one exception when

[2:50]it comes to marriage a woman who's a virgin she needs the

[2:53]consent of her guardian the father or if he is not alive

[2:59]the grandfather feels alive in order to get married now scholars have

[3:03]also mentioned that the guardian has to be reasonable with his authority

[3:08]if he is rejecting a suitor a potential suitor just because he

[3:12]doesn't like his race he doesn't like his financial status that's wrong

[3:19]if his Dean and a flop are acceptable this now says you

[3:23]have no right to reject now why did Islam give fathers the

[3:32]guardianship over their daughters when it came to marriage there are a

[3:35]number of reasons but I'll share with you one very important reason

[3:39]historically women would get married at a young age especially in the

[3:43]past if you go back a thousand years ago not just in

[3:48]Muslim societies all around the world go to Europe go to Africa

[3:53]go to Asia they used to get married at a young age

[3:55]what was the most important reason which we talked about one night

[3:57]what was the most important reason why they married at a young

[4:03]age there was a reason why they got married at a young

[4:05]age what was the reason exactly life expectancy was very long the

[4:13]average life expectancy was 40 50 in some societies in some societies

[4:18]societies 30 we gave the example of England in the late 13th

[4:22]century average life expectancy was 33 years old that means on average

[4:31]you'll of 33 years okay now if a woman wanted to get

[4:34]married at half kids she's gonna wait till she's 30 you think

[4:39]she's gonna have any kids she's gonna die in three years right

[4:42]on average she's gonna die in three years she's not gonna have

[4:47]kids and a number back then it was very difficult to have

[4:50]kids because infant mortality rate was very high a woman had to

[4:54]give birth five times before the child would survive either during pregnancy

[4:59]you know she would miscarry or she would die as she's giving

[5:06]birth or within the few days after being born the baby would

[5:08]die or within a year this was very common half of babies

[5:14]would die if not more so if you tell a woman no

[5:19]you can't get married until you're 20 25 that means that's it

[5:21]you're telling her you know what you're not having your family you

[5:23]don't have kids and people and the offspring of people would have

[5:25]died off that's a very important you know historical reason so girls

[5:32]would naturally get married in their teenage years to have a family

[5:36]to have a children if she would get married in her teenage

[5:38]years then she could be lucky and have two three four children

[5:42]otherwise forget it she would not have many children they would die

[5:48]and she would die at 33 or 40 or 50 depending on

[5:49]the society that she was to live in this is a very

[5:54]important point okay now when a girl is young she's in her

[6:01]teenage years she's still young she could easily be taken advantage of

[6:04]there could be men out there who could take advantage of her

[6:10]fool her trick her it happens right even today you see there

[6:13]are you know evil people in society who do that so the

[6:19]religion of Islam said to protect the interest of the girl and

[6:22]make sure that this marriage is good for her not someone fooling

[6:26]her you just need the permission of the father now the father

[6:32]and most fathers they love their children right they love their daughters

[6:36]they want all the goodness for their so you want a good

[6:41]marriage for your daughter you want a good son-in-law so if the

[6:44]father realizes you know what this person is trying to take advantage

[6:47]of my daughter he would say no to protect her right that's

[6:52]the guardianship that we have other than this case she's free she

[6:57]there is no guardianship over her other than the case of marriage

[7:02]and that's if she's a virgin if she's not if she's divorced

[7:04]for example she doesn't need the consent of her father and our

[7:09]school of thought she doesn't need her consent is this consent cuz

[7:12]she's already been married she's went through one marriage so you know

[7:16]she has experience now with the marriage she can figure it out

[7:19]she doesn't need her father's permission anymore so this is the issue

[7:28]regarding guardianship now if she gets married if she gets married then

[7:33]her husband becomes her guardian but to what extent is it like

[7:38]in some Muslim countries where she's his property and he gives her

[7:42]orders day and night and she has to fulfill this orders no

[7:47]there are just a very few limited areas in which she's her

[7:51]guardian the husband I'll mention some examples so a woman who's married

[7:57]she can work her husband doesn't have the right to object to

[8:08]her working unless he has a valid exert she owns her money

[8:11]and property if she wants to buy if she wants to sell

[8:16]it's her right her husband has no say in that she doesn't

[8:19]need to ask for his permission if she wants to buy or

[8:24]sell something the permission isn't required yes there is one issue scholars

[8:30]have mentioned which is her leaving the house can she leaves the

[8:34]house without his approval the Moraga are split on this issue a

[8:39]number of Miraj and scholars it is their opinion that if her

[8:47]leaving the house does not violate any merit obligations right then she

[8:54]has that right to leave it she doesn't need his permission many

[8:58]Minaj Allah that is their fatwa yes she needs to fulfill her

[9:04]marital obligations if her leaving the house means that she will not

[9:10]observe those marital obligations than she needs his permission but many many

[9:16]scholars they've said if she if he's out working she wants to

[9:18]go visit a friend visit parents do whatever she wants she has

[9:21]that right he can't prevent her from that a small minority of

[9:27]scholars today some Mahajan they say yes as a precaution she does

[9:31]need his permission to leave the house but this isn't an exception

[9:34]just you know some Mirage on scholars but the vast majority of

[9:38]scholars they don't see this as a condition every time she needs

[9:43]to leave the house she needs his permission so these are just

[9:46]the areas of guardianship anything else she's free she makes decisions even

[9:51]you know some some people are under the impression that any order

[9:55]command that the husband gives to his wife she has to fulfill

[10:02]it who said who told you that there's no such thing in

[10:05]Islam this is cultural that you will find if he commands her

[10:10]to cook does she have to cook no if he commands her

[10:11]to clean the house does she have to out of her own

[10:16]willingness she should it's good Allah who lured her but she doesn't

[10:18]have to go do this for me bring this boss her around

[10:22]she doesn't have to who said she does yes it's recommended to

[10:26]keep the marriage healthy it's recommended for her to serve Him it

[10:31]is recommended of course a lot more order for that but she

[10:33]doesn't have to she's not obligated to [Music] you

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