Cousin marriage, muslims
afzalr
(Querist) 03 June 2015
This query is : Resolved
Sir i am a Muslim. I wish to marry my cousin. How can I do it legally. My parents are not supporting. (I am from kerala, we are majors)
afzalr
(Querist) 04 June 2015
Sir Isn't there any legal solution?
SAINATH DEVALLA
(Expert) 04 June 2015
Just because U are a major,U ready for marriage.Is she UR first cousin or 2nd?
MARRIAGE BETWEEN FIRST COUSINS:
QUESTION:
Why was Prophet Muhammad (peace be upon him) married to his cousin? Is this permitted to Muslim people or was it special for the Prophet (peace be upon him)? I personally do not think it is a good idea. I respect my cousin like my sister! Moreover, I heard from some people that none of the Companions ever married his first cousin.
Answered by
the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
Allah says: “O Prophet! We have made lawful to thee the wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the captives of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated with thee; …”
Allah has made marriage with first cousins lawful. There is no dispute about this in Islamic Law. Anyone who wishes to dispute with this is placing his own religion in serious danger.
What the questioner mentioned that he does not like to marry his cousin, because he feels she is like his sister, is something based on the customs and traditions of certain societies. However, these customs cannot make it forbidden for a man to marry a woman. It is well established in Islamic Law that this kind of marriage is good and acceptable. In fact, many families prefer marriages between cousins.
Zaynab was the first cousin of the Prophet (peace be upon him). Her mother was Umaymah, the daughter of his grandfather `Abd al-Muttalib. We can find no better example than that of the Prophet (peace be upon him), since he is the one Allah has ordered us to follow. If no one else in history ever married his cousin, the precedent of our beloved Prophet (peace be upon him) would be more than sufficient for us.
We are surprised that someone would make such a claim that none of the Companions ever married his first cousin. There were no marriage records back then at all, and frankly, marrying one’s cousin was not considered a big deal. It was quite commonplace and not worthy of special notice or special mention. It is not surprising; therefore, that someone will have a hard time to find a record of its occurrence.
Nevertheless, a cursory investigation of the hadîth literature quickly turned up a couple of examples. The illustrious Companion al-Mughîrah b. Shu`bah married the daughter of his uncle, the illustrious Companion `Urwab b. Zubayr al-Thaqafî. [As related by Sa`îd b. Mansûr in his Sunan]
Kabshah bint Ka`b was married to the son of her uncle, the famous Companion Abû Qatâdah. In the well-known hadîth about the cat not being impure, Abû Qatâdah refers to his daughter-in-law as his niece (literally: “daughter of my brother”). A woman named Kabshah bint Ka`b once poured out some water for her father-in-law Abû Qatâdah to use for his ablutions. A cat came along wanting to drink, so Abû Qatâdah turned the bowl so the cat could do so. He noticed Kabshah looking at him strangely and said: “Does this surprise you, my niece? Indeed Allah’s Messenger said regarding the cat: “It is not impure. It is one of those creatures that live in our attendance.”
Also, it is well known that `Alî b. Abî Tâlib, the fourth Caliph and dearest Companion of the Prophet (peace be upon him), gave his daughter Zaynab in marriage to her first cousin `Abd Allah, the son of his brother Ja`far b. Abî Tâlib. This is the act of one of the Rightly Guided Caliphs (al-Khulafâ’ al-Râshidûn).
The Prophet (peace be upon him) said: “You must follow my Sunnah and the Sunnah of the Rightly Guided Caliphs who come after me. Hold fast to it with your molar teeth.”
We hope that you can see that there is no basis for disputing the issue of a Muslim marrying his first cousin. It is established by the Qur’ân, the Sunnah, the practice of the Companions including the Rightly Guided Caliphs, and the consensus of the Muslim Ummah.
SOME MORE INFORMATION DEAR FRIEND:
Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-
Qur'an.
So everyone besides these relatives named can be married. Such marriages in Muslim majority countries are often preferred and even encouraged in some regions. This is in contrast with China, India. most of the United States and some other nations where cousin-marriage is against the law and regarded as incest.
Even though there is some debate on this issue, scientists tend to agree it is genetically unhealthy. There are other problems with cousin marriages. According to the Hanafi school of legists, a man may give his daughter in marriage to his brother's son without her consent. This goes against free will which results in unhappy marriages.
THIS IS FROM COUSIN MARRIAGES IN ISLAM WIKIPEDIA:
SAINATH DEVALLA
(Expert) 04 June 2015
But at the end of it don't go against the wishes of the elders of both the family and invite more problems.It is our bonded duty to respect the elders sentiments.
afzalr
(Querist) 04 June 2015
Sir the girl is my first cousin. So how can I legally marry her? Is it possible by special marriage act or is there some other procedure
afzalr
(Querist) 04 June 2015
I approached maulana but he says he can't marry us off without parent's consent. I talked to the sub registrar in town but he says cousins can't do register marriage by special marriage act 1954. What's the solution then? Doesn't cousin couple have the basic human right of marrying?
Sudhir Kumar, Advocate
(Expert) 04 June 2015
you asked that
"Isn't there any legal solution? "
legal solution can be worked when there is a legal problem.
If you are hiding facts it is your choice so far you have not projected any legal problem.
If one maulana is ill informed then all may not be.
Muslim marriage requires consent of boy and girl "Qabool" "Qabool""Qabool" and two witnesses.
It is not a hindu marriage where there will be Kanyadan
SAINATH DEVALLA
(Expert) 04 June 2015
Dear querist don't argue in a sarcastic manner when UR act is not legally or morally feasable.
afzalr
(Querist) 04 June 2015
You are not answering to my question. How can I marry my cousin if maulanas won't do our marriage. Sub registrar also won't do our marriage. How can I marry her then?
Sudhir Kumar, Advocate
(Expert) 04 June 2015
the problem may not be simple cousine marriage there may be some other reason
Biswanath Roy
(Expert) 13 June 2015
When there is no legal sanction of marriage, why you are worried for? Marriage in all religions is a social bondage. Why you are intending to pur your feet in the shoes of any bondage. Stay freely under the same roof as husband and wife mentally and morally for your entire life with love and peace of mind.
T. Kalaiselvan, Advocate
(Expert) 20 June 2015
You cannot force an answer suiting to your taste from the experts here. The experts here can explain you the legal position only, you cannot ask why and how etc. If you dont have respect or regard for law, dont raise a query relating to the legal validity.
