Q. I want to marry a relative of mine, and she agrees to our marriage. However, her father is too ill to be her guardian in the marriage contract. Her family wants my parents to visit them before they can agree to the marriage. Her eldest brother is unwilling to consent to this marriage before that happens. Her younger brother said that he would do it if that were permissible. Can her younger brother be her guardian?
Zumar
A. I have often said that marriage in Islam is a bond between families with the aim of establishing a new family. Therefore, the woman’s father or guardian acts for her when the marriage contract is done. A woman’s father is her guardian, or waliy. If he is present, then no one else can be her guardian. However, if he is incapacitated and cannot undertake the task, or if he is away and cannot be present, then a near relative takes over this role. A guardian must not withhold the marriage of a woman under his guardianship without a valid reason. On the basis of what the reader has said, there seems to be no reason for the woman’s family to reject him other than their wish that his parents should be in agreement to the marriage. He has not told me why his parents are objecting to the marriage.
The question focuses on whether the younger brother can act for his sister in her marriage. The answer is: Certainly he can if she asks him to do so. Her brothers are in equal status and any of them can act for her in her marriage, with her consent.
This is the legal position, but it may not be very suitable from the family’s position as it may create friction between the two brothers, or between them and their sister. Therefore, it may be better if a respectable figure in the family intervenes to advise the brothers on how to proceed with this matter.
Entry to Makkah and Madinah
Q. May I ask why are non-Muslims not allowed entry into Makkah and Madinah? Is there a specific order by the Prophet? Can you cite it?
Munaf
A. The prohibition of non-Muslims entry into Makkah is specifically stated in the Qur’an. God says: “Believers, know that the idolaters are certainly impure. So, let them not come near to the Sacred Mosque after this year is ended.” (9: 29) Although the Qur’anic verse refers to those who associate partners with God, it is unanimously agreed by all scholars that the prohibition applies to all non-Muslims. Not only so, but ever since the time of Abraham, the vicinity of the Kaaba is forbidden for unbelievers. In the Qur’an (14: 37), Abraham is quoted as referring to the Kaaba as God’s “Sacred House” that He has made forbidden. So, the vicinity is made forbidden to all unbelievers since the time of Abraham. As for Madinah, the Prophet said: “I am making Madinah forbidden to unbelievers as Makkah is forbidden to them.”
As you see, the prohibition is religious, not by an order of any government. Therefore, it remains applicable and no one can amend or cancel it.
Renting Property to a Bank
Q. We have a building that we have not used for some time, but it costs us money to keep and maintain. We want it to let it out but the most suitable tenant we have had is a commercial bank. Is it permissible to let it to a bank, and is the money we receive lawful earnings? If not, can we use it to help others in need?
(Name and address withheld)
A. People ask this question because of the fact that banks charge interest on their transactions. Therefore they consider the money the bank pays for rent to be suspect, if not forbidden outright. What is important to realize is that when you let your property to a bank, you are a party to a transaction that is separate from what the bank does and how it earns its income. You are not responsible for what the bank does in your property when it is your tenant. The transaction itself is perfectly legitimate.
We often read that when the Prophet died, his coat of mail was pledged with a Jew. The Jews at the time conducted transactions of usury, and probably this Jew did the same since he was in the business of lending money. This did not prevent the prophet from taking a loan from him, offering his own coat of mail as surety for it. Needless to say, the loan itself was not usurious; otherwise the Prophet would not have had it.
Moreover, it is permissible to let your house to a non-Muslim. You are not responsible for what your tenant does in your property. Should he indulge in worship or commit some forbidden acts, you will not be accountable for his deeds. You are simply receiving money in return for the use of your property. Therefore, this money you receive is legitimate. You can use it for your personal needs, or give it to charity.
Having said that, it remains preferable if you can find an equally suitable tenant who engages only in legitimate business. If such a tenant is not to be found, then you may go ahead with the offer you have.
