Is the guardianship of a hypocrite, a human devil, or a cuckold in marriage null and void? And what should a girl do to get married if her guardian, who possesses these qualities, refuses to marry her to a righteous Muslim in a country where there is no Sharia judge?
A Muslim is not to be judged as an infidel (kafir) merely for possessing certain characteristics. The least that can be said of someone who insists on such characteristics is that they are a fasiq (transgressor), and a fasiq's guardianship (wilaya) is valid. A guardian does not have the right to prevent a woman from marrying a suitable match; otherwise, he would be considered an 'adil (one who unjustly obstructs marriage). In such a case, she has the right to refer her matter to a judge. If there is no legitimate judiciary in the country, then Islamic centers should be consulted, and the woman authorizes a righteous man to arrange her marriage. If there is neither a guardian nor a ruler, then a just man may marry her with her permission.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 115497
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy