Can one marry through the Sharia court if the father refuses, despite the desire of both parties?
Firstly: A promise of marriage is not legally binding on the parties involved, but adhering to it is required as a matter of good character and chivalry, unless there is a necessity.
Secondly: It is forbidden for a guardian to prevent a woman from marrying a suitable man whom she accepts. This is the forbidden 'adhl (preventing marriage). The guardian is considered a 'adhil if she desires a specific suitable man and he prevents her from marrying him.
Thirdly: In the event that the father refuses to marry his daughter to a suitable man, the judge may marry her off, based on the saying of the Prophet, peace and blessings be upon him: "The ruler is the guardian of one who has no guardian."
Fourthly: It is not advisable to resort to the court for marriage due to the potential negative consequences that may result. It is preferable to be patient until the father agrees, or to seek another (suitor).
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