Date : 06-01-2011

Question :

Is it permissible for me to go on with the marriage procedures from a girl that my parents engaged for me with my approval, but without concluding the marriage contract, where we have just recited Surat Al-Fatehah. However, my father broke the engagement without telling me because I received this news from her family. Although ten months have passed over this, I still insist on marrying her. Will I be considered sinful if I did so knowing that there was no sound reason for breaking the engagement and banning the marriage? Do my parents have the right, from the perspective of Islamic Law, to be angry with me if I married her?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

Conclusion of marriage contract doesn`t require the suitor to obtain his guardian`s approval if the former is eligible to get married; rather, if the pillars of the contract are met, before an Islamic judge or his deputy, such as acceptation, approval of girl`s guardian, and the testimony of two witnesses, then the marriage is valid.

As regards the first engagement where Surat Al-Fatehah was recited, it isn`t considered an act of marriage, so it is permissible for both parties to back out of it, but if the suitor wishes to complete the marriage procedures, then he should go to an Islamic court.

However, we advise the suitor to win his parents over by being kind to them-not to start his marital life with conflict and dispute-even if this takes more time and effort on his part.

Moreover, if they remained adamant, and there was no clear sound reason for their refusal, then there is no harm that the suitor completes the marriage procedures and he is considered free from the liability as far as their anger is concerned. In fact, the above parents must be advised not to be a hindrance to their son`s marriage and happiness because of some frivolous excuses so long as the girl is righteous and modest. And Allh Knows Best.