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Is it permissible for a girl whose father and paternal uncle prevented her from marrying a committed man because of his beard and his refusal to shake hands with women, under the pretext of extremism—even though the father does not pray or fast and considers the hijab and beard to be false manifestations—to marry this person despite having no legal guardian due to the refusal of her relatives, whom they describe as extremists?

1 min readAlso available in العربية

The father is not permitted to prevent his daughter from marrying if she is in need of marriage and a suitable suitor proposes to her. Otherwise, he would be an unjust guardian (ʿāḍil), sinful, and his guardianship would be nullified. Guardianship then transfers to the more distant guardian or to the ruler (Sultan) in cases of injustice, as jurists agree on its transfer to the ruler if all guardians refuse, based on the Prophet’s (peace be upon him) saying: "The ruler is the guardian of one who has no guardian." If there is no legitimate Sharia judge and the girl is harmed, she is permitted to resort to secular courts out of necessity. Abandoning prayer is considered disbelief by some scholars, and mocking religious rituals is disbelief unless done out of ignorance.

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

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