| Answer: Before the question is answered a basic guideline
provided by Islam in social affairs must be clearly understood: Islam regards
the institution of family as the basic unit of a society and stresses that it is
the need of every individual if his life is viewed as a whole. Man is basically
a weak and an insecure being. He has spiritual as well as material needs. If he
needs to develop a strong relationship with the Almighty to fulfil his spiritual
needs, he needs to develop a strong relationship with his fellow human beings to
meet his material needs, which may be physical, emotional and psychological. His
family and clan fulfil these needs. Couples who live in isolation are deprived
of this support. Consequently, Islam regards the consent of the parents, who are
the foremost guardians, as something extremely important in a marriage. It is in
the interest of the couple to be part of a larger family. In this regard, if on
the one hand the children must respect the wishes of their parents, on the other
hand the parents have no right to impose their wishes over the children. A
difference of opinion in this regard should be settled with magnanimity and
accommodation on the part of the parents unless of course they have some sound
grounds in opposing such a marriage.
If a situation arises in which the man and woman who
intend to marry reach the conclusion that either or both the parents are
opposing their marriage on baseless grounds and all efforts to resolve the
conflict have ended in vain, they have the option to take their case to the
courts of justice and apply for the guardianship of the state. If the court is
satisfied with their stance, it will grant them this guardianship after which
they can marry. In this case, the protection and support needed for such a
marriage shall be provided by the state, which, of course, is not an exact
replacement of the one provided by the family set up of parents and other
relatives. The man and woman must realise that this is the cost they would be
paying in such a union.
|