Does a woman sin if she marries without the permission of her brother—who is her guardian—based on the fatwa of Imam Abu Hanifa, who permits a woman’s marriage without the guardian’s permission if the husband is suitable and the customary dower has been paid?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A woman's marriage without a guardian (wali) is invalid according to the majority of scholars, and the view of the majority is the most preponderant. If the suitor is a man of religion and good character, the woman should persuade her brother to accept him. If he insists on refusing, she may refer her case to the judge to marry her off, or to order another of her guardians to do so if he prevents her. It must also be noted that interaction between unrelated men and women is impermissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/104413
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 104413
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy