Fatwa's Insights - Kinship

THE 70TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2024

25 OCTOBER 2024 / 22 RABIULAKHIR 1446H

FATWA CONCERNING THE MARRIAGE OF MEMBERS OF GISB HOLDINGS SDN. BHD.

A. Marriage of Members of GISB Holdings Sdn. Bhd. Using a Judicial Guardian / Guardian's Representative (If the Marriage Is Consented to by the Actual Guardian)

1. A judicial guardian (walī ḥākim) appointed independently by GISBH in Malaysia or any Muslim country is not a valid judicial guardian. A marriage that utilises such a judicial guardian is a marriage without a guardian. Its ruling is invalid according to the majority of scholars.

2. If the marriage takes place outside a country that is not under Islamic governance and the marriage guardian is appointed by an Islamic organization/community in that country, then such judicial guardian is recognised.

3. If the marriage takes place using a false guardian when he is not the actual guardian, then such marriage does not fulfil the essential element of marriage. This is because he is neither a nasab guardian nor a representative of the actual nasab guardian.

4. A marriage without a valid guardian is fāsid (defective) according to the majority of scholars and the marriage contract must be repeated with a valid guardian.

5. Nevertheless, after considering various views of the jurists (fuqahā'), a child born in such marriage may have his lineage established. Thereby, it safeguards the welfare of the children involved, parental responsibilities, legal matters, and the continuation of a better life.

B. Marriage of Members of GISB Holdings Sdn. Bhd. Using as Dowry One Recitation of Awrād Muḥammadiyyah

1. A marriage conducted with Awrād Muḥammadiyyah as dowry (mahr) is not recognised as valid mahr because it has no value according to sharī'ah and contains elements of deviation.

2. If the marriage fulfils the essential elements, then such marriage is valid, but the dowry using Awrād Muḥammadiyyah is not recognised by sharī'ah and must be replaced. This is because dowry is not included among the essential elements of marriage.

3. The marriage dowry must be replaced with mahr mithl, namely a dowry equivalent to the woman married based on the wife's background and customary practice ('urf) for the dowry of a woman like her at the time the contract took place. The husband is obligated to pay such dowry to his wife.

ATTENDANCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin;

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim;

3. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle;

4. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim;

5. Sahibul Fadhilah Dr. Hj Zaharuddin bin Hj Abdul Rahman;

6. Sahibul Fadhilah Professor Dr. Azman Bin Mohd Noor;

7. Sahibul Fadhilah Associate Professor Dr. Mohd Akram bin Dato' Dahaman @ Dahlan;

8. Sahibul Fadhilah Dr. Ahmad Sufian bin Che Abdullah;

9. Sahibul Fadhilah Associate Professor Dr Ahmad Wifaq Bin Mokhtar;

10. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin;

11. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin;

12. Sahibul Fadhilah K.H Dr Zaitun bin Rasmin;

13. Sahibul Fadhilah Associate Professor Dr. Ismail Lutfi Japakiya;

14. Sahibul Fadhilah Ustaz Aidil bin Abdul Rahman;

15. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary.

RESOLVED at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis Bil. 6/2024 on 14 November 2024.