Ruling on a Father Marrying His Daughter Against Her Will Dr. Zaynab Abu Fadel

Summary of the Question:
What is the stance on a father forcing his daughter to marry her cousin, whom she does not wish to marry, claiming his guardianship rights over her?

Answer:
It is impermissible for a father to force his daughter into marriage under any circumstances. A father’s guardianship only extends to facilitating the marriage contract on her behalf, with her explicit consent and after asking for her permission, as a mark of respect for her. Texts clearly mandate that a woman’s consent is essential for the marriage contract, and this holds true regardless of whether she is a virgin or not.


For instance, a virgin once approached Prophet Muhammad, peace be upon him, complaining that her father married her off against her will. The Prophet then gave her the choice, effectively allowing her to affirm or annul the marriage. Similarly, in the case of a previously married woman, the Prophet annulled her marriage when her father forced her into it.


Notably, the jurist Ibn Qayyim, may God have mercy on him, argued strongly against the permissibility of a father forcing his daughter into marriage, diverging from his Hanbali school of thought. He notably argued, “If a mature and sensible virgin cannot have her father manage even the smallest bit of her finances without her consent, how can it be permissible for him to degrade her and marry her off to someone of his choice, against her will?”This is tantamount to slavery!

The daughter should assert her right to refuse this marriage, and her mother and family members should support her in opposing her father’s unjust actions, as if he were subjecting her to a form of slavery, echoing Ibn Qayyim’s views. Especially since the inquiry suggests that this marriage is more like a transaction or trade involving the daughter for the financial benefits from the young man’s wealth, including property sold by the girl’s father to his brother due to poverty—echoing a time when slave markets were common.

Imam Abu Hanifa’s humane jurisprudence is also relevant here, as he rejected all impositions except in cases of public harm. He recognized the manipulative nature of such deals and benefits, advocating against limiting the agency of even the unwise, as long as they are competent adults. He argued that stripping someone of their agency is more harmful than potential reckless spending, as it dehumanizes them and equates them to animals.


In conclusion, I strongly support the daughter’s right to marry according to her choice and urge her to resist any undue pressure or accusations of dishonor. This father is in the wrong by his actions. May God have mercy on a parent who supports their child’s right to respect and choice.

Students Are On The Right Side of History & Faith

Over the last week, I have been to five direct actions on campuses across the country and interacted virtually with three others. The students demonstrating for Palestine liberation presented a stark contrast to the portrayals by some media outlets, politicians, and counter demonstrators.

Here are some things I gleaned from spending time with them.

  1. Well-Informed and Insightful: Contrary to being diamissed as young, ignorant, and misguided about Israel, the occupation, and Palestinian suffering, I found the students to be extremely well-informed. Through direct conversations, talks, and meetings, their knowledge and clear demands impressed me, and I often learned from them, gaining insights that supported my role as a theologian and advocate for Palestinian liberation. They know what they are talking about.
  2. Mature and Strategic: The characterization of these students as immature and lacking strategic, long-term vision is unfounded. My experiences on campuses showed discipline, organization, commitment to the Palestine, and eagerness for difficult but necessary conversations for tangible change. They displayed an organization and structure that refutes the notion of youth as inadequate. Additionally, many demonstrators are acutely aware of the history and potential legacy of this moment. I saw no evidence of outside support, another accusation to suck the idea of utility from the moment, but saw in some cases, students, many never trained in direct actions, driven to discipline and focus by the obvious failure of American leadership to honestly engage Palestine; as well as driven by their awarness of Palestinian suffering and misery.
  3. Rooted in Faith: The claim that Muslim demonstrators are detached from Islam and engaging in prohibited behaviors or coalitions that sacrifice their commitmemt to faith is inaccurate. In all instances where students requested my presence, they asked me to share as much as I could, lead prayers, and even set up a night vigil. This moment’s dynamics are well understood by the Muslim students, who display a mature grasp of their coalitions, extending beyond traditional religious settings to unify diverse groups under the cause: End the occupation! Divest now. This may be one of the most significant coalitions involving Muslims in recent years, again showcasing their maturity and discipline. It will come with mistakes, but give them a break. To be brave and slightly error
    Is better than no effort in the name of dogma and the truth. This is the earth, not paradise!
  4. Agents of Peaceful Change: Accusations of these students being violent and troublesome do not hold. In the context of movements for change in the USA, there’s “good trouble” and “bad trouble,” and I support the former, aligning with the prophetic tradition of being spiritual agitators. At these campus gatherings, which I attended with my children, we experienced peaceful activities like blowing bubbles, chalk and learning songs of Palestinian joy and suffering. I saw no violence from demonstrators. The real aggression came from law enforcement, pro-Israeli factions, and selective punitive measures by administrations. When rage is justified and right, it is good and prophetic.

Last Friday, on the UT Campus, after I finished my sermon, a man approached me. He said, “I’m a student at UT. I was arrested, manhandled, locked up, and violated. Imam, I’m scared, and I’m Jewish.” Looking into his eyes, I saw tremendous hope mixed with fear. He continued, “I am scared I’m going to lose everything, but I will keep Palestine at the forefront. Can you support me if my life goes awry?” Moved, I assured him of our support. As I left the campus, I reflected on this brave generation. Rather than being criticized, their courage and impact should be acknowledged. This week alone, some administrations committed to hearing and acting on grievances, and some decided to divest from Israel, which continues to disregard international law and perpetrate land theft and ethnic cleansing against Palestinians. It is not the students who should be blamed. It is those who blame them.

Friday Sermon For Student Encampments

Friday Sermon Idea In The Context Of Student Encampments For Palestine


السلام عليكم و رحمة الله

As we witness the brave sacrifices that young Americans are making in their advocacy for Palestine, I am moved to share reflections that help those charged with giving the Friday sermon this week. Feel free to use this, add to it, or subtract.

Title: “Youth & Giants: Lessons from Dawoud and Struggles for Justice”

Summary
The story of Dawoud (David) AS, detailed in the Quran, offers us profound insights not just about confronting tyranny and fears, but also about the virtues of youthful courage and moral resolve in facing modern challenges.

Points To Plant

  1. Historical Echoes in Todays Struggles:
  • Dawoud (AS), as a young shepherd, confronted the towering Talut (Goliath) with faith and a simple stone. His victory, which Allah (SWT) recounts in Surah Al-Baqara, “And Allah gave him the kingdom and wisdom and taught him from that which He willed” (Quran 2:251), underscores the importance of righteous intent and divine support over sheer might.
  • Inspired by Dawoud’s example, today’s youth challenge the modern ‘giants’ of injustice—policies and unjust systems. Their actions remind us of the power of a morally driven voice.
  1. Contradictions Exposed by Youth Activism:
  • As educators and mentors, we observe our students grappling with the inconsistencies within institutions that profess to uphold justice. Their peaceful demonstrations against the silence on illegal settlements in Palestine, and their resilience against institutional penalties for their activism, reveal the crucial role of integrity in leadership.
  • The dire state of educational facilities in Palestine starkly contrasts with global educational values, shedding light on the hypocrisy some leaders exhibit. Our students’ activism urges a return to principled guidance and fairness.

Additional Thoughts for Those Encamped:

  1. Support Each Other: Please take care of yourselves and each other. The journey you are on is lengthy and challenging. Prioritize self-care and foster mutual support to maintain your strength and commitment.
  2. Embrace Love and Reject Injustice: Hold firm in your rejection of evil and injustice. Although many of you are far from family and face unexpected opposition, let love and empathy be your guiding forces. These are not only your shields but your sources of strength.
  3. Think Long-Term: Look beyond immediate challenges and envision how your efforts can lead to transformative change—rebuilding, healing, and improving our communities and nation.
  4. Avoid Extremes: Stay vigilant against influences that may seek to distort your message or lead you toward unproductive extremes. Remain steadfast in your principles and focused on constructive outcomes.
  5. Observe Religious Obligation Know that your success gained without tauhid and worship is worldly. Extend it to the Hereafter by staying Shariah compliant.
  6. Share Islam As people are waking up to being lied to about Palestine, they are also realizing that they were lied to about Islam. Share the beauty and balance of Islam, opening a door to guidance.

Conclusion:
Inspired by your courage, we are called to support and guide, not merely as leaders but as fellow advocates for justice. Together, let us inspire a legacy that embodies dignity, compassion, and enduring change—principles that Dawoud (AS) championed and that you are upholding through your commendable actions.

I hope this helps. Any other points to add?

Suhaib Webb

Expiation Of Oaths

In the Maliki school of Islamic law, if someone needs to make up for violating an oath, they are required to provide food for ten poor people. This food should be of average quality, akin to what families eat, based on the Quranic instruction: ”…so its expiation is the feeding of ten needy people from the average of what you feed your families…” [Al-Ma’idah: 89].

Each needy person should receive at least one mudd of food, which in modern terms amounts to approximately 500 grams (about 1.1 pounds). This amount follows the tradition set by the Prophet Muhammad ﷺ.

Instead of giving plain grain or flour, one can opt to either give each of the ten poor people two loaves of bread totaling about 754 grams, or provide two full meals (like lunch and dinner) to each of the ten people on one or more days. While not required, it’s commendable to add something like dates, milk, or oil to enhance the meal.

Here in America, it’s common for people to substitute the food donation with a monetary equivalent. This should be done cautiously to ensure the amount is neither excessive nor insufficient. The goal is to reflect the cost of the food needed without causing undue burden on the giver. If a modest meal costs around $7 in your area, then the total would be $7 x 20 = $140.

The recipients of this charity must be Muslim, should not be financially dependent on the giver, and must be ten different individuals. Distributing all the food or money to fewer than ten people does not fulfill the requirement. This practice ensures fairness and adequate support for those in need.

Allah knows best

Suhaib Webb

Scholars & Mistakes

Imam Al-Kisai, may God have mercy on him, recounted:

“I was leading Harun al-Rashid in prayer and I was pleased with how I was reciting. However, I made an error in a verse that even a child would not typically make. I meant to say: ‘Perhaps they will return’ but instead, I said it with a slight grammatical error.

Harun didn’t dare correct me directly. After we finished, he asked, ‘O Kisai! What language was that?’ I responded, ‘O Commander of the Faithful, even the best horse may stumble!’ He acknowledged, ‘Indeed, that’s true.'”

Imam Al-Dhahabi, may God have mercy on him, commented on this incident, saying: “Anyone who understands this anecdote realizes that no matter how elevated a scholar’s stature or how advanced their knowledge, they are not immune to making mistakes and missteps. These errors do not detract from their expertise, diminish their value, or reduce their standing.

Those who accept the mistakes of the knowledgeable and virtuous with this understanding are to be commended for their approach, appreciated for their perspective, and they are likely to be correct in their own judgments.”

From “Siyar A’lam al-Nubala” (Volume 1, Page 376).

For the TikTok Aks: Calling Someone A Kafir

Question:
The other day I was out with some of my friends, and we started talking about different groups. One of them said that such-and-such person is a kafir (infidel). Upon hearing this, I told him that was not right. In his defense, he told me that he heard one of this person’s talks and what he said was nothing but kufr. What do I do?


Answer:
Bismillah wa salatu wa salamu ‘ala sayyidina rasulillah.
Sadly, this is the case for some in our community. Frank Luntz mentions in “What Americans Think…Really” that 90% of Americans think they are smarter than other Americans. Unfortunately, it seems that arrogance like this transcends faith and falls into our community as well.

Takfir (declaring apostasy) is not an easy affair. Just like any ruling, it has certain conditions that, if not present, will prevent the ruling, in this case, disbelief, from occurring.


Here are some of those conditions:

  1. Declaring apostasy cannot be based on probability, meaning if there is a chance that a person may not be a kafir. Imam Malik said, “If I have 99 reasons to believe a person is a kafir and one to believe he is not, I’ll prefer the latter.”
  2. Takfir is made regarding things that are known by default, like God being one and the finality of prophethood. The Malikis listed 33 issues that fall under the heading malum min al-din bi al-darurah.
  3. Takfir cannot be based on following an opinion (ijtihad) of a scholar in fiqh (legal verdict). There is no kafir in fiqh because fiqh implies knowledge of things beyond the average person’s scope. For that reason, a person is not declared a kafir who makes tawassul (praying to Allah through an intermediary). Imam Ahmad said, “We do not declare such people as kuffar.”
  4. Takfir cannot be based on a sincere attempt to interpret or understand a text. Allah subhanahu wa ta’ala (Exalted is He) mentions the followers of Christ saying, “Can God send a table from the heavens?” This is a statement of kufr but they were excused because it was a sincere question and an effort to understand.
  5. Takfir cannot be based on actions that are due to ignorance. In the Qur’an, we find the followers of Musa alayhi salam saying, “Make for us idols to worship like they (the people of Egypt) had.” Musa’s response was, “You are an ignorant people.” He did not say that they were kuffar. This verse serves as the foundation for the axiom “Al-‘Uthru bi Jahl” (Ignorance is excused).
  6. Takfir can only be made on an act of pure worship coupled with an intention that is clear kufr. Al-Dhahabi said, “If I saw a Muslim making sujud to a grave, I would not declare takfir until I talked to him.”
  7. Takfir cannot be made upon an action that was done under the threat of harm. Allah (swt) says, “Except for the one who was forced (to say kufr) and his heart was full of faith.”
  8. Takfir cannot be made upon an act that was an emotional burst. The Prophet ﷺ (peace be upon him) said that the man who lost his camel in the desert and later found it, said, “God! You are my servant and I am your Lord.” The Prophet ﷺ did not say this man was a kafir even though the statement is kufr. Ibn Hajar notes that this man was overcome with joy, so his statement was an exclamation.
  9. Just because someone’s group is not from Ahl-Sunna does not mean they are kafir. For that reason, the companions prayed janazah (funeral prayer) for the Khawarij. They did not collect the spoils of war from them but gave it to the deceased’s family according to the Islamic rules on inheritance. Ibn Taymiyyah says that this proves the companions considered them Muslims.
  10. Making takfir of others without knowledge is a major sin.
  11. There is no takfir for major sins (only in certain situations).
  12. Takfir is to be made, in most cases, by a Qadi and not a layperson or even a mufti as noted by Khalil. The reason for this is because, in the classical age, this implied a loss of rights. Secondly, a layperson accusing another of kufr falls under qathf, a major sin.

Allah knows

Suhaib Webb

Is Saying “Jumua’ Mubarak” A Bida’

The Question

Recently, I saw a lecture on YouTube with a man claiming that saying, “jumu`ah mubārak (a blessed Friday)” on Fridays is an innovation? Is that true?

The Answer

Scholars of fatwā (legal opinions) divided acts into worship and customs. Both are central to our faith, and scholars gave each a tremendous amount of attention. For that reason, the first Ph.D. granted at al-Azhar University in the 20’s was on Islam and Custom.

Customs and Cultures are Embraced by Islām

Custom is so important that it forms one of the five major axioms of Islamic law. Al-Qādi al- Hussein al-Shāf’i wrote, “Utilization of custom is one of the five principles that Islamic Law rests on.”

Imām al-Syūtti mentioned them in Kawkab al-Sāti saying,

jummah

“Certainty does not remove doubt, and Islam removes every harm.
Hardship brings ease and custom (for fiqh) is a reference point
A few added a fifth: that every act of a person is based his intention.”

Custom in the Tradition

`Abdullah bin Masūd used to say, “What the Muslims deem as good is good.”

In Imām al-Bukhāri’s collection of authentic hadīth (saying or tradition of the Prophet ﷺ – peace be upon him), under the chapter on commerce, we find an interesting title for the 95th section:

بَابُ مَنْ أَجْرَى أَمْرَ الأَمْصَارِ عَلَ مَا يَتَعَارَفُونَ بَيْنَهُمْ فِي الْبُيُوعِ وَالإِجَارَةِ وَالْمِكْيَالِ، وَالْوَزْنِ، وَسُنَنِهِمْ عَلَ نِيَّاتِهِمْ وَمَذَا هِبِهِمِ الْمَشْهُورَةِ

Chapter: Where there is no fixed judgement, the traditions and conventions of a community are referred to – Customs and Norms is an Important Part of our Faith

Commenting on this, Imām bin Hajar wrote, “The purpose of this title is to establish the reliance on custom in Islamic law.”

That is not to say that any custom is recognized by Islam. For more on that, consult a local scholar or see the books of usūl al-fiqh (principles of Islamic jurisprudence).

The Ruling on Customs and Day to Day Affairs is Permissibility

Imām Ibn Taymiyyah wrote, the foundations of Imām Ahmed’school are two:

  1. Customs are permissible unless there is a clear text that forbids them.
  2. Acts of worship are forbidden (to invent) unless there is a clear text that allows them.

Then, he defined custom saying, “Customs are habits of people pertaining to food, drink, clothing, transportation, speech and other such normal day to day activities. Thus, they should not be forbidden unless by Allah or his Messenger ﷺ through an explicit text, a general one or a proper analogy. If not, then the general ruling for them is permissibility.”

We understood from Ibn Taymiyyah’s definition that customs divide into two parts: words and deeds.

Ibn Hajar said, “Custom plays a role in determining the explicit meaning of words.” Implying that if a person uses a word that is exclusive to his culture, the known custom is used to determine its implications. For that reason, Imam al-Dardīr noted that the Māliki’s coined an axiom, “Customs are like conditions.” From the important usage of words are greetings and salutations.

Greetings

Scholars agree that greetings fall under mu`amalāt(day-to-day activities), and they are part of customs that are related to speech. Since the general ruling on customs in permissibility, then greetings that are free of evil are considered permissible. For that reason, when Talha (a great companion of the Prophet ﷺ) greeted K`ab with the good news of the latter’s forgiveness, the former was not censured by the Prophet ﷺ, K`ab or the other companions (Allah be pleased with them all).

Based on this important principle and the large number of general texts that encourage us to speak well and be gentle to others, it is a stretch to say that such a greeting in an innovation. Imām al-Sakhāwi noted this in al-Tahina bi al-Shūr wa al-‘Ayād (Greetings Upon Months and Holidays) in greater detail.

May Allah bless us with tawfiq (success).

Suhaib Webb

Watch The Thrown: Religious Scholarship & Power

Scholars & Power

Al-Asma’i said: Ata’ ibn Abi Rabah entered upon Abdul Malik ibn Marwan while he was sitting on his throne surrounded by nobles, during his pilgrimage in his caliphate. When Abdul Malik saw him, he stood up to greet him, welcomed him, and seated him beside him on the throne, then sat in front of him and asked, ‘O Abu Muhammad, what do you need?’

He said, ‘O Commander of the Faithful, fear Allah regarding the sanctity of Allah and His Messenger’s sanctity, and maintain it well; fear Allah regarding the children of the Migrants (Muhajirun) and the Helpers (Ansar), for by them you have come to sit in this seat; fear Allah regarding the people of the frontiers, for they are the fortress of the Muslims; and look after the affairs of the Muslims, for you alone are responsible for them; and fear Allah regarding those at your door, do not neglect them nor close your door to them.’

He replied, ‘I will do so.’ Then he rose, but Abdul Malik held him and said, ‘O Abu Muhammad, you have asked for the needs of others and we have fulfilled them, so what do you need?’

He said, ‘I have no need of any creature!’ Then he left.

Abdul Malik then said, ‘This is dignity, O my father, this is nobility.’

I often hear passionate Muslims disparage ‘the scholars’ as sell-outs and lackeys. While that may hold true, the majority of scholars and educators are people of integrity, often flawed, but not devils. A question arises: where are the masses of Muslims who make that claim? Since the Arab Spring, hundreds of thousands of scholars have been imprisoned in Muslim lands. Where are those who claim to adore these scholars?

Religious power often came from a mix of communal values and deep dedication to scholars that tipped the balance of power: if you mess with scholars, there is a price to pay.

Today, with some Muslims enamored by the material world, seeing their value through its metrics, that balance is gone, amplified by unhealthy expectations and misplaced frustrations. Don’t ask what scholars have done for you, but what you have done for them…

For perspective: compare the ‘ummah’s’ silence on the imprisonment of Sh. Salman al-Auda, Sheikh al-Qaradawi’s family, or even in the 2000s, Sheikh Muhammad al-Hasan, with the efforts to defend the Dalai Lama by his followers.

For there to be order, there must be a social contract between religious scholars and the masses that guarantees the protection of both centered on worship. If not, instability sets in, and the rot of unchecked despots, supported by compromised scholars, takes hold.

Suhaib Webb

The narration above is referenced in: (Tadhkirat al-Huffaz, Vol. 1, Page 91, Entry 90) and in (Mizan al-I’tidal, Vol. 3, Page 70, Entry 5640).

After Ramadan: Nasiha of Dr. Zaynab Abu Fadl

Nasiha After Ramadan by Dr.Zainab Abo Elfadl*


After Ramadan ends, I want to share an important reminder: Don’t underestimate the impact of small sins!

The Prophet Muhammad, ﷺ , once said that small sins can have devastating consequences if they accumulate. Even minor infractions, like small lies or occasional gossip, can eventually erode our character.

Here’s an example that illustrates the gradual impact of these small sins. Think of a tall palm tree being slowly destroyed by termites, almost invisible to the eye, yet causing irreparable damage. In comparison, even a fierce storm doesn’t snap a single branch. This analogy shows how persistent minor misdeeds can ultimately lead to a greater downfall than one-time major transgressions.

I haven’t found a more profound expression of this idea than what our esteemed scholar Dr. Ayman al-Jundi wrote:

“Our eternal fate depends on the balance between our good deeds and sins accumulated over our lifetime! This attitude stems from the Quran, which repeatedly states that we are saved—or doomed—by our deeds:

“And that man can have nothing but what he strives for; And that his striving will soon come in sight: Then will he be rewarded with a reward complete; And that to thy Lord is the final goal.”

Although Allah’s mercy is fundamental to the righteous entering Paradise, the Quran emphasizes that they achieved it through their deeds: “And this is the Paradise that you were promised for what you used to do.”

Similarly, those destined for torment earned it through their actions:

“And We did not wrong them, but they wronged themselves.”

With this Quranic truth in mind—that our salvation or destruction depends on our deeds—let’s remember that we have two accountants: one for good deeds and one for sins.

If you wear a smartwatch, you’ll understand immediately. It continuously tracks your steps, counting even the simplest ones to the kitchen or bathroom, often without you noticing. By the end of the day, you may be surprised at the distance you’ve covered (even small steps).

The same happens with our counters for good deeds and sins! Therefore, my advice—from personal experience—is to immediately stop committing unnecessary sins because your sin counter doesn’t stop counting.

We commit two types of sins: those that are hard to cease without genuine repentance and a complete life overhaul, and trivial foolish sins that are easier to quit.

These trivial sins are counted against you and are ultimately insignificant to your life (so you think) and require little effort to stop, such as crude language, tasteless replies, silly gossip, and mocking others.

My advice to you and myself, if the time for full, sincere repentance hasn’t arrived yet (and how difficult it is for the soul!), at least immediately cease these trivial sins. Your sin counter is always running, and your record (which isn’t lacking) doesn’t need more sins added just for the sake of carelessness.”

*Dr Zainab Abo ElFadl – Professor of Usul al-Fiqh and Fiqh, Tanta University, Egypt.

History & Progress

Ahmed Shawqi writes,
اقرؤا التاريخ إذ فيه العبر * ضاع قوم ليس يدرون الخبر:
“Read history, for in it are lessons; a people perished who did not know history.”

Shawqi emphasizes the importance of learning from history to avoid the mistakes of the past. He notes that those who remain ignorant of historical events are doomed to suffer similar fates as those who perished before them, illustrating the value of historical knowledge as a guide for future actions.

The Quran commands us to learn from history, “Look at those who came before you,” as it shows, through history, prophetic values and teachings, “They believe in what was sent to you and those before you” (Quran 2:136). Additionally, it reminds us to use history as a catalyst for gratitude, “Remember My favors upon you” (Quran 2:40), and as a reason to celebrate, “Then remind them of the days of Allah” (Quran 14:5).

Imam al-Junayd said, “Stories of the righteous are infantry of God, sent to strengthen the hearts of the faithful.” When questioned to substantiate that claim, he responded with the verse, “And every story we relate to you is only to strengthen your heart” (Quran 11:120).