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Why can't an elderly, sane woman marry herself and take a sheikh as her guardian, especially if her circumstances are difficult and she fears losing her daughter in the case of a traditional marriage, and she cannot convince her family of a Misyar marriage, and she wishes to live a chaste life through lawful means?

1 min readAlso available in العربية

The guardian is a condition for the validity of a مسیار marriage and other types of marriages. It is not the right of the guardian to prevent a woman from a valid marriage merely because she waives some of her rights. If he insists on refusing, the wife can refer her case to the Sharia judge. The guardian can refuse to marry her off to ward off suspicion if the marriage is secret. It is advisable to seek a way for the marriage to be public. If the mother marries, her custody is forfeited, whether the marriage is مسیار or otherwise, and custody transfers to whoever is most entitled to the girl. It is possible to reach an understanding with the father for the girl to remain with her mother. The welfare of the child is the paramount consideration in custody matters.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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