Is the engagement considered legitimate if the guardian's approval was not stipulated therein? Does the girl have the right to refuse suitors based on this engagement? Is the engagement still valid and binding after the father's rejection? Does the father's continued refusal fall under the category of 'adhl' (unjust prevention of marriage)? What is the advice in this situation? Can one appeal to a judge to withdraw guardianship or address 'adhl'? Would the marriage contract be valid and legitimate if performed by a Shaykh in this situation?
This proposal is sound, and it is permissible for a man to propose to a mature woman directly. It is also permissible for the woman to reject or accept suitors. If the woman accepts the proposal, and the father refuses the marriage without a valid reason, he is considered an oppressor and unjust. It is recommended to involve wise individuals to speak with the father. If he persists in his refusal, the girl may present her case to the Sharia judge to have him marry her, or order her guardian to marry her. A father's obstruction does not permit her marriage without a guardian; rather, the judge or another guardian, other than the father, will marry her in his stead if he refuses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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