Is it permissible for a man to meet a woman for the purpose of marriage, the legitimate viewing (al-nadhra al-shar'iyya), and to agree on related matters, in the presence of her sister and her sister's husband, given the absence of her father and her brother's refusal to discuss his sister's marriage?
The Shariah-compliant viewing (for marriage purposes) is permissible under conditions, the most important of which is the strong presumption that the legal guardian and the woman agree to the marriage, and that there is no seclusion (khalwa) or lust involved, and that it is limited to the face and hands. The viewing is not permissible if the suitor knows that the guardian will not agree. It is essential to know the legal guardian, as the sister and her husband are not suitable for guardianship. The father is the first among the guardians, and if there are impediments to his guardianship, such as prolonged travel or obstruction (of marriage), the guardianship transfers to the next in line, and the assessment of this is up to the Shariah court. If the court designates the guardian, the meeting is permissible with a strong presumption of his consent and the fulfillment of the other conditions.
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- Original fatwa ID
- 142738
- Imported
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