What is the duration and the procedures required to conclude a marriage contract in a court in another city, in the event that the guardian refuses, so that the marriage may take place in accordance with Islamic Sharia?
If the guardian prevents the marriage of a woman to a suitable suitor without a valid religious reason, he is considered an adil (one who unjustly prevents marriage), and it is permissible to refer his case to the judge to either marry her or transfer her guardianship. The court in the city where the girl resides is not a prerequisite (for the marriage), but she is not allowed to travel without a mahram. It is advisable to try and convince the father and involve people of goodwill, as marriage without his consent may lead to undesirable consequences. Before the marriage contract, the girl is a ajnabiyyah (a non-mahram woman), and it is not permissible to be in seclusion with her or to enter upon her.
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- Ftawy
- Original fatwa ID
- 70461
- Imported
- Translation status
- Source text, unreviewed
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