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The question

What is the optimal course of action to take with one's family to convince them to accept marriage to a non-Arab man, given that the marriage has already taken place in the presence of a sheikh and witnesses, and according to the Hanafi madhhab, which permits marriage without a guardian (wali), without informing the family of the marriage's completion?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: If the family refuses to marry off their daughter to a competent young man on the grounds that he is non-Arab, and it is difficult to find a competent Arab in that country, then they are considered to be preventing the marriage (عاضلين). In such a case, guardianship transfers to the legitimate ruler (الحاكم الشرعي) or his representative (such as the mosque imam or the director of an Islamic center).

Secondly: If the marriage contract is performed by the director of an Islamic center or the mosque imam in the absence of the preventing guardian, the marriage is valid and cannot be annulled. This is because the ruler is the guardian of one who has no guardian, and the director of an Islamic center or the mosque imam acts in his stead when there is no legitimate judge (قاضٍ شرعي) available.

Thirdly: To address the matter with the family, it is preferable not to inform them initially and to try to mediate with them. If they do not respond, then the mosque imam or someone of influence should inform them that the contract has been legitimately concluded. They will often accept the situation with kindness and continued communication, along with frequent prayers for God to soften their hearts.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
4328
Imported
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Source text, unreviewed
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