Is it permissible for the judge to marry off a virgin without the consent of her brothers—who are her guardians—due to their obstruction of her marriage to a competent young man, under the pretext of his skin color?
The competence considered in marriage is religion. Thus, a Muslim whose religion and character are pleasing may marry any Muslim woman. A guardian's refusal to marry off his ward to a competent suitor without a legitimate Shariah reason is considered unlawful and oppressive 'adhl', based on the Almighty’s saying: {Then do not prevent them from marrying their [former] husbands}. Scholars have differed as to whether 'adhl' is a major or minor sin. If the guardian withholds consent, the judge commands him to perform the marriage. If he refuses, guardianship transfers to the judge, according to the majority of jurists, or to the next closest guardian.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 144453
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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