Is it permissible for a divorced woman, whose father refused to marry her off—despite the man and his family's approval—to marry without his consent? And is it permissible for her maternal half-brother to be her guardian (wali)?
A guardian does not have the right to permanently prevent a woman from marrying. If a suitable suitor proposes to her, he is not permitted to prevent her marriage without a legitimate شرعي reason. Otherwise, he would be considered an oppressor (عاضل), and his guardianship would be revoked, transferring to the next closest relative or to the judge. The brother from the mother's side (أخ لأم) cannot be a woman's guardian in marriage because he is not an 'asabah (agnate). It is best to refer the matter to the شرعي judge, who will compel the closest guardian to marry her off, or order the next closest relative, or undertake her marriage himself.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/125705
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 125705
- 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