Is it permissible for a "misyar" marriage to take place with a woman whose brothers refuse it, but her mother and sisters agree to it? Is the testimony of the daughters, along with the mother, sufficient?
Misyar marriage is permissible if it fulfills the conditions of marriage, including the condition of the guardian (wali) according to the majority of jurists, based on the saying of the Prophet, peace and blessings be upon him: "Any woman who marries herself without the permission of her guardian, her marriage is invalid, invalid, invalid." The most entitled person to guardianship over a free woman is her father, then the closest male relatives (asabat) in order of proximity. Therefore, it is not permissible for you to marry her except with the consent of her brothers or her legal guardian. As for witnessing, it is another condition separate from the condition of the guardian, and the two witnesses must be two righteous males.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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