Is it permissible for a girl to marry her maternal uncle's son despite the refusal of her father and his mother, given that she belongs to the mother's family, which is separated from the father, and he belongs to the deceased father's family, even though both of them are committed to each other and the rest of the family agrees?
If a father refuses to marry his daughter to a suitable suitor for unlawful reasons, he is considered to be a "adil" (one who obstructs marriage). The maternal aunt of the prospective husband has no right to prevent him from marrying her. If it is not possible to refer the matter to a Sharia judge, the brother may marry off his sister, as some scholars hold that guardianship transfers to the more distant guardian if the closer guardian obstructs the marriage. As for the maternal uncle, he is not considered among the guardians in marriage according to the majority of scholars. The daughter must honor her father and not mistreat him, and strive to persuade him to agree to the marriage. If the father refuses after attempts at persuasion, it is preferable to abandon the proposed suitor, unless this would cause harm to the daughter. In that case, her brother may marry her off while striving to appease the father.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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