Is it permissible for a virgin girl who is not older than 21 years of age to marry a man who has not been legally married before, despite her guardian's refusal?
If a father refuses to marry off his daughter, there are two scenarios: The first is that he prevents her from marrying a specific person. In this case, she does not have the right to marry that person, as the father's opinion is given precedence in Islamic law.
The second is that he prevents her from marrying altogether, rejecting every suitable suitor, or demanding un-Islamic qualities such as wealth. In this case, she has the right to refer her matter to the judges, so that they may marry her off or compel her father.
This detailed explanation assumes that the father is sane and رشيد (of sound judgment). Otherwise, guardianship would transfer to the next closest guardian, then to the courts, and if those are absent, then to the Muslim community.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 30250
- 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