I think the father has a mental problem. However, a Qadi should decide the best way to make him understand that what he did was wrong. If his mental problem is not severe then perhaps some discipline is in order for selling his daughter. (which is haram).
The imam who married the girl has committed a sin by not being aware of the condition of her walee. As a walee must posess certain characteristics that allow him the authority that comes with the role.
Also the girl must give her express consent to such a marriage. And I cannot see this happening with a 28 year old. The imam should have felt something was wrong at this stage however he failed in his duties and this young girl has paid the price. I believe he should be stripped of his title at the very least and made to pay a fine. (and his own personal life thoroughly investigated).
And yes the two witnesses are also to blame. However, in a functioning islamic society they would have been put to blame for not reporting the incidence and making sure the girl consented to such a marriage. Part of being a witness is that one signs their name agreeing that this marriage meets all islamic obligations. And the two witnesses have failed in this regard and given false testimony.
But I believe the worst in this situation is the goverment. Who has failed to establish an Islamic system which would prevent (as much as possible) such injustices. And I am at least glad that she has been allowed an anullment. My only worry is the character of her uncle has not been properly investigated. May Allah keep the girl safe from harm and strong with what faces her. InshAllah alahumma ameen.
mmm eco...
I think the father has a mental problem. However, a Qadi should decide the best way to make him understand that what he did was wrong. If his mental problem is not severe then perhaps some discipline is in order for selling his daughter. (which is haram).
The imam who married the girl has committed a sin by not being aware of the condition of her walee. As a walee must posess certain characteristics that allow him the authority that comes with the role.
Also the girl must give her express consent to such a marriage. And I cannot see this happening with a 28 year old. The imam should have felt something was wrong at this stage however he failed in his duties and this young girl has paid the price. I believe he should be stripped of his title at the very least and made to pay a fine. (and his own personal life thoroughly investigated).
And yes the two witnesses are also to blame. However, in a functioning islamic society they would have been put to blame for not reporting the incidence and making sure the girl consented to such a marriage. Part of being a witness is that one signs their name agreeing that this marriage meets all islamic obligations. And the two witnesses have failed in this regard and given false testimony.
But I believe the worst in this situation is the goverment. Who has failed to establish an Islamic system which would prevent (as much as possible) such injustices. And I am at least glad that she has been allowed an anullment. My only worry is the character of her uncle has not been properly investigated. May Allah keep the girl safe from harm and strong with what faces her. InshAllah alahumma ameen.
Maryum : Umm Hasan bint Abdullah Alshabrawishi