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How can a woman marry the man she has chosen, despite her guardians' refusal to let her marry him and their insistence on marrying her to her cousin, even though the law grants her the right to consent to marriage, but does not allow her to directly conclude the marriage contract herself or file a lawsuit against her guardian for obstruction, given her age?

1 min readAlso available in العربية

Among the conditions for the validity of marriage is that it be contracted by the woman's guardian (wali) or his agent. The guardian is not permitted to force his ward to marry someone she does not desire. If the closest guardian refuses to arrange the marriage—and the suitor is suitable—then he is considered to be hindering her marriage (adil), and guardianship transfers to the next in line (such as brothers, then paternal uncles). If all guardians refuse, the ruler (sultan) arranges her marriage. If the ruler refuses, or if the law does not require a guardian, and the woman has a maternal uncle, she may adopt the view of Abu Hanifa regarding the permissibility of the maternal uncle's guardianship when there are no agnates (asabat). If the maternal uncle and all other relatives refuse, she may adopt the madhhab of Abu Hanifa concerning the non-requirement of a guardian and marry herself out of necessity.

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

Read the full answer on Ftawy