Is it permissible for the guardianship of a girl's marriage to transfer to the شرعي ruler without consulting her father if the father is preventing her marriage and the girl does not wish to reduce the allowance, which is the sole source of income for her sister?
A girl cannot marry without the permission of her guardian (father). Guardianship is a condition for the validity of marriage according to the majority of jurists. The father's disapproval of his daughter or his ill-treatment does not negate his guardianship. Nor does the fear of reducing the sister's expenses justify ignoring the father's right to guardianship. If the father refuses to marry her to a suitable suitor, the girl can refer her case to the Sharia judge, who will either marry her or appoint someone to marry her.
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- Ftawy
- Original fatwa ID
- 112230
- Imported
- Translation status
- Source text, unreviewed
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