Is it permissible to seek the help of a judge or another guardian to marry off a girl to a Sunni young man, knowing that her parents refuse to marry her to him because he is Sunni and from another country, and she fears she will not marry anyone else in her city, which is predominantly Bid'i (innovative)?
What is considered important in a suitor is his religion and character, as the Prophet, peace and blessings be upon him, said: "If someone whose religion and character you approve comes to you seeking marriage, then marry him. If you do not do so, there will be tribulation on earth and widespread corruption."
It is not permissible for the guardian to reject a committed suitor whom the girl desires; otherwise, he would be unjustly preventing her marriage (adil). In this case, the girl has the right to refer her matter to the judge to marry her or appoint someone to marry her, for the Prophet, peace and blessings be upon him, said: "The ruler is the guardian of one who has no guardian."
Some scholars hold the view that guardianship transfers to the next distant guardian, not directly to the ruler.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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