Is it permissible for a woman of the People of the Book to marry herself to a Muslim man in an Islamic country if the judge refuses to marry them due to the woman lacking residency, knowing that she has no relatives in this country and that she can marry herself in her home country without her family's knowledge?
It is not permissible for a woman to arrange her own marriage, even if she is a Woman of the Book, because the wali (guardian) is a condition for the validity of her marriage. It is not permissible for a Muslim ruler to marry her off as long as her guardians are present, because the principle is that the wali is the one who gives her in marriage, and recourse is made to the judge when the wali is absent or if he prevents her marriage. If the wali of a non-Muslim woman refuses to marry her to a Muslim man, he is not considered to be preventing her marriage unjustly, because they do not consider a Muslim man a suitable match for her. It is not permissible for a girl to marry herself off, nor for the judge to marry her off; rather, her guardians should be referred to for this matter. Furthermore, there are conditions for the permissibility of marrying a Woman of the Book that are scarcely met by any of them in our time.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100548
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 100548
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy