Heavenly Jewels
child to stop breast feeding but after this time he is permitted to do so. (Raddul-Muhtaar) WILAAYAT AND WAKAALAT IN NIKAH Before the coming of Islam, women were savagely treated as possessions, inconsequential and considered by some even to be reflections of the devil. It is only Islam that gave women their true dignity and revered standing in society as mothers, daughters and sisters effectively protecting them from discrimination and oppression. Permission to choose their spouses and lead a married life was given back to themby Islam provided that she was ofsoundmind and Baaligh. Once, a young woman came to the Holy Prophet �and said that her father had made her Nikah to someone and she dislikes the Nikah. Rassoollalaah �then gave her the choice to either keep or break the Nikah. (Abu Dawood) FIQHI MASAAIL Rule- AWal i (guardian) is he whose saying is passed on others wether they wish it implaced or not. A Wal i is that man whose Qaraabat (nearness ) is not through any woman or he is the most nearest male memberofthe family. (GeneralBooks) Rule- Aperson does not become the Wali due to others appointing him, rather the Shariah has appointed the progression ofaWali. The sequence rel iable in Wilaayat (guardianship) is the same sequence reliable in Wiraasat (inheritence), e.g. first the son, then the father, grandfather, b lood brother, step brother, blood paternal nephew, step paternal nephew, blood paternal uncle, step paternal uncle and in this order so on. If none of the above exist then the mother is the Wali then the paternal grandmother, maternal grandmother and others after them. (Alamghiri) Rule- It is a condition that the Wal i is Aaqil and Baaligh. A Muslim is the Wal i of a Muslim as a Kaafir has no control over a Muslim whatsoever. (Durre-Mukhtaar) 1 90
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