Consent

Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, but may have more specific definitions in such fields as the law, medicine, research, and sexual relationships. Types of consent include implied consent, expressed consent, informed consent and unanimous consent.

111423

Girl . Father . Consent . Mut'a (Temporary marriage) . Mutual Fund

A girl does Mutah, with her father's permission, on the condition that there will be no physical contact. Is it then permissible for them to engage physically, by mutual consent, without taking any further permission from the father?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 1 month ago

Bismihi ta'ala

Loyalty and honouring one's word is the most valuable and most important of qualities a person can have. If your commitment to your word is weak, or you have no consideration to honouring your promise, what else is there?

Both the female, and the male as well have a commitment to stay loyal and honour their agreement. Betraying this, and violating the promise or contract given is not only a major sin, but could also weaken the very relationship in the case they wish to pursue for marriage. It will always be hovering over them that they betrayed the amanah given to them.

Yes, they can do what they are comfortable with, but stay within the permitter of the agreement.

If what you mean by "physical contact", as in no sexual intercourse, then they can have physical intimacy, but no penetration. This is a common condition fathers place, so this is left for consummation of marriage on wedding night.

If what you mean by "physical contact" is no physical contact whatsoever, then I think this was an unfair condition, and they should speak to her father and explain that this is unrealistic. Or, they can decide if marriage is the best option for them, and hasten that. If, of course, they find each other to be compatible and happy with marriage.

In any case, violating an agreement, especially if it is a condition in the contract is haram and sinful.

Best thing to do is negotiate for a change.

With prayers for your success.

103514

Money . Consent . Art

Is it allowed to earn money by selling pictures obtained from public Instagram profiles of other people without their consent?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 5 months ago

Harming people is not allowed in Islam. If it does not harm them now or in the future and you are sure that they will never object on it, then it becomes permissible.

Wassalam.

95675

Husband . Wife . Consent . Sexual

Is it important for a husband to take his wife's consent before sexual intimacy? What is the position if the wife is not willing on an occasion?

Bismihi ta'ala

We know that the one wajib thing a wife must observe towards her husband is "tamkīn", which means sexual availability.

Of course, this does not mean the husband can "force" himself onto his wife, or what is known in today's society as "marital rape". If this was the case, and the husband forces himself on the wife, then in reality their marriage has already failed and fallen apart.

A healthy husband/wife relationship also depends on their physical attraction towards each other and sexually satisfying each other. This is why the wife should aim towards sexually satisfying her husband, and the husband should also cater to his wife's needs.

Both also need to be considerate of the physical, mental and emotional state of each other. If she or is sick, or not in the mood, or upset for some reason, or tired, or anything else, and it's not an ongoing excuse, then they should be considerate and respect their spouse. Be patient, be understanding, think beyond just sexual satisfaction, and build the relationship between you and your spouse.

Of course, it should never be to humiliate or extract revenge or get back at the spouse. This would be sinful and haram.

Intimacy has its value when both sides are enjoying, and hence both the husband and wife should aim towards living together with a healthy intimate life and also adhere to what our Islamic akhlaq and laws wants from us.

With prayers for your success.

83971

Consent . Marriage

My friend got married recently and the Wakil said Muhammad before the bridegroom’s name by mistake when there is no Muhammad in his name. My friend did not notice that and she gave her consent. Is her Nikah valid?

Yes, the Nikah is valid because he was meant by whatever name was used.

Wassalam.

81225

Consent . Mut'a (Temporary marriage)

Must I have the consent of a girl's father before Muta even if the girl is not a virgin having lost her virginity outside marriage?

Seyed Ali Shobayri, Seyed Ali Shobayri is of mixed Iranian and Scottish descent who found the path of the Ahlul Bayt (a) by his own research. He holds a BA in Islamic Studies from Middlesex University through the... Answered 1 year ago

Bismillah,

Asalamu Alaykom,

You should check this with your marja because some scholars would state that if the intercourse was illegitimate such as the girl committing zina, then she would still count as a virgin and father's permission would be needed. If she however lost her virginity in a legitimate type of way then permission isn't needed.

May Allah grant you success

61422

Consent . Mankind . God (Allah)

How can we believe that Allah took our consent before our creation if no one remembers it? How can we respond to the challenge that there was no need for the creation of mankind and putting them in a trial?

Zoheir Ali Esmail, Shaykh Zoheir Ali Esmail has a Bsc in Accounting and Finance from the LSE in London, and an MA in Islamic Studies from Middlesex University. He studied Arabic at Damascus University and holds a PhD... Answered 1 year ago

Bismillah

Thank you for your question. God didn't take the concent of His creation before creating it. Perhaps you are referring to His pact with humans when they responded positively to Him being their Lord? If that is the case then this is one of the specifics found in the Quran and once the Quran has been established as being the book of guidance from God then there is no need to prove each and every specific. Further, this issue can be interpreted as the natural disposition of the human to seek God. If the atheist is not willing to accept that they have that disposition, that doesn't matter as this position is a theological one and so there is no need to convince an atheist as long as the issue is consistent within the theological framework.

As for the second question, God created mankind out of His Mercy and that included the creation of vicegerents on the earth. The necessity of trial is due to the nature of reward which is given for praiseworthy action. There is no praiseworthy action if it hasn't really taken place or if it is forced. Therefore a human has to be free to act and this is the meaning of trial.

May you always be successful

47971

Father . Marriage . Consent

Under what circumstances can a Shia girl marry, for the first time, without the consent of her father?

Abbas Di Palma, Shaykh Abbas Di Palma holds a BA and an MA degree in Islamic Studies, and certifications from the Language Institute of Damascus University. He has also studied traditional Islamic sciences in... Answered 2 years ago

If a Muslim woman is in need of marriage and has found a person religiously suitable for her, and there is no other man to propose her while her father/wali unreasonably doesn't consent to the marriage, she can refer the case to an Islamic authority and marry without her father/wali's consent. Some scholars hold the opinion that a "legally mature woman" (rashidah) is not in need of her father/wali's consent although such view is not agreed upon.

With prayers for your success.