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The question

What is the ruling of Islamic law regarding a woman marrying a man to whom she was previously engaged, and the engagement was dissolved, then they re-engaged, but her family (her brother and mother) refuse this marriage? And is it permissible for her paternal uncle (her deceased father's male cousin) to marry her off, despite the refusal of her brother and mother, or is it permissible for her guardian to be the head of the neighborhood, through an authorized marriage officiant and with the presence of two witnesses to the contract?

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

If you are a suitable match for the woman, her brother has no right to prevent her from marrying you. If he does so, he is an adil (one who unjustly prevents a woman from marrying).

In this case, the woman has the right to refer her matter to the Sharia judge (Qadi) to either marry her off or order her guardian to do so.

The transfer of guardianship to a more distant guardian without referring to the ruler is a matter of scholarly disagreement. The preponderant view, in our opinion, is that it does transfer to the more distant guardian.

If a dispute arises regarding child custody, the Sharia court is the authority to be consulted, bearing in mind that the mother's marriage nullifies her right to custody.

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Ftawy
Original fatwa ID
138054
Imported
Translation status
Source text, unreviewed
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