Is a man's marriage valid if he was unaware of the wife's father's refusal?
If a father prevents his daughter from marrying a specific man, or if the daughter marries without her father's knowledge, then her marriage is invalid according to the majority of scholars, but valid according to Abu Hanifa. The marriage is also valid if it is officiated by a judge or if its validity is affirmed by someone who believes in the validity of marriage without a guardian.
If the father is aware and does not approve of the husband as suitable for his daughter, this is not considered 'adhl (unjust prevention), and his consent is necessary. However, if the father's 'adhl – by preventing her from marrying a suitable husband – is proven before a Sharia judge, then the guardianship transfers to the closest male relative from her 'asaba (agnatic kin).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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