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Is it obligatory to ask a girl for her opinion regarding marriage, or is her guardian's consent sufficient? And is it permissible to marry an orphaned girl without her brother's approval if she desires to marry him and her brother rejects him?

1 min readAlso available in العربية

The marriage contract officiant is not required to ask the woman for her consent, but it is not permissible for the guardian of a mature, sane woman to force her to marry someone she does not desire. She has the right to annul the marriage if it was contracted without her consent. If the suitor is suitable, the girl's brother is not allowed to prevent her from marrying him; otherwise, he would be considered an oppressor (عاضل), and the matter may be referred to a judge. There is a difference of opinion regarding the transfer of guardianship to a more distant guardian, and the prevailing view among us is that guardianship transfers to the more distant guardian, not to the ruler. If the brother refuses to marry her off, her paternal uncle may marry her off. If all her guardians refuse, marriage without a guardian is not permissible; instead, the Muslim judge marries her off, based on the Prophet's (peace be upon him) saying: "The ruler is the guardian of one who has no guardian."

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

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