Is it permissible to marry a woman whose family refused to marry her off, and can the Shaykh be her guardian if her father withholds her from marriage?
According to the majority of scholars, it is not permissible for a woman to marry without her guardian (wali), whether she is a virgin or previously married. If the guardian refuses to marry her off without a valid reason, this does not mean it is permissible for her to marry without him. Instead, the guardianship transfers to the next in line among her guardians, or to the Sharia judge to marry her off. Therefore, it is not permissible for you to marry the woman without her guardian. However, she can refer the matter to the scholars at the Islamic center to consider her case and marry her off if it is proven that her guardians are unjustly preventing her marriage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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