What is the ruling on marrying a woman whose guardian refused to marry her to a non-suitable match, and the marriage was conducted by the Imam without reference to the guardian?
The guardian should not reject a suitable suitor for his ward without a legitimate religious reason, and social or educational disparities are not considered a valid reason. It is not permissible for a man to marry a woman except with the permission of her guardian, whether she is a virgin or previously married. The mere fact that a man is a mosque imam does not authorize him to oversee her marriage. And even if we assume he acts in the capacity of a judge, he should not marry her off except after inviting the guardian to marry her off and the guardian's refusal for no acceptable reason. This marriage is not valid and must be renewed in the correct manner, unless consummation has occurred, in which case the marriage proceeds in consideration of the differing opinions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 178295
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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