What is the religious ruling if a girl marries without her father's consent according to the madhhab of Imam Abu Hanifa, and with the guardianship of a righteous man as a substitute for her father to complete her studies after marriage? And is it considered coercion if she marries another to please her father? And is what her father is doing punishment or harm?
The preponderant opinion is that the guardian (wali) is a condition for the validity of the marriage, and the (school of thought) of Abu Hanifa is a weaker opinion. It is not permissible for a girl to marry without her guardian's permission; otherwise, the marriage is invalid. The guardian does not have the right to prevent the woman from marrying a suitable match without a legitimate Shar'i (Islamic legal) reason. If he does, he is considered a 'adheel (one who unjustly withholds marriage), and she has the right to refer the matter to the Shar'i judge to investigate. A girl completing her studies is not a valid reason for the guardian to reject a suitor, and a father punishing his daughter by cutting short her studies is an injustice. If it is not possible to convince her guardian, then look for someone else and increase your supplications, as Allah Almighty says: "And when My servants ask you concerning Me, then [answer them], I am indeed near. I respond to the invocation of the supplicant when he calls upon Me. So let them respond to Me and believe in Me, that they may be guided" (Al-Baqarah: 186). It is obligatory to repent for any leniency that occurred in the relationship with this girl.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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