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?
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 Sharia 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.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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