Is it permissible for a girl whose parents refuse to marry her to the man she has chosen due to a disparity in lineage, even though he is a man of good character and religious commitment, for her maternal aunt's son, who is her brother through suckling, to marry her? And is it permissible for her to leave the town after the marriage?
The preponderant view, in our opinion, is that compatibility lies in religiosity and character, with no consideration for material or social differences. The guardianship of the woman (in marriage) passes due to 'adhl (unjust prevention of marriage) to the next distant guardian. However, the cousin (son of the maternal aunt) is not a guardian. Maliki jurists do not consider a father's repeated rejection of suitors as 'adhl, due to the inherent compassion and tenderness of a father, and the daughter's ignorance of her own best interests. If you are from a country whose people follow the Maliki school of thought, it is best to consult the Sharia court to examine the matter and remove any harm if it exists.
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- Original fatwa ID
- 146074
- Imported
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