Is a marriage contract null if it was concluded without the approval of the girl's father—who refused to marry her off until she completed her university studies, which last four years—and without it being registered in the Sharia court?
If a father prevents his daughter from marrying a suitable (kufu') man she desires without a valid reason, he is considered a guardian who is obstructing her (aadil), and guardianship transfers to the next in line among the guardians. If all of them refuse, guardianship transfers to the Muslim judge, based on the hadith: "The ruler is the guardian of those who have no guardian." Obstruction (adhl) is preventing a woman from marrying a suitable man if she desires him, whether she requests a dowry (mahr al-mithl) equivalent to that of her peers or less. However, if she seeks to marry someone who is not suitable, the guardian has the right to prevent her, and he is not considered an obstructor. If the closest guardian prevents marriage to a suitable man in terms of religion and character, guardianship transfers to the next in line. If they all refuse, it transfers to the legitimate ruler who then marries her. The more distant guardian is not permitted to arrange a marriage when a closer guardian exists. A brother's refusal is not considered obstruction if there is a valid reason, such as not contradicting the prevailing madhhab of the country or the current fatwa, even though documentation is obligatory, the marriage contract is valid without it. Therefore, the matter must be referred to the Shariah court if one wishes to marry this woman.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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