Marriage without stipulation


571

Q: I have betrothed the daughter of Muhammad ibn Jibrin Fadl to my brother Hamad ibn `Aly. We concluded the marriage contract and paid six thousands in cash and bought other things worth five thousands. After three months of marriage, he (Muhammad ibn Jibrin) came to me asking for the hand of one of our ladies in marriage to his son. I did not give him reply until I know the legal ruling; what is the ruling on this case?


A: If the first marriage has been completed and there was no trick to make the first marriage in return for the second marriage of Hamad ibn `Aly, and the action will not affect the dowry, the marriage of Muhammad ibn Jibrin Fadl's son from the daughter of Jabir ibn `Aly (the questioner) will be permissible. However, if there is any trick in making the second in return for the first or it affects the dowry, it will not be permissible. (Part No. 18; Page No. 425) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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Ahmed Naina