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?
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 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 123016
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- . 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