Is it permissible for a divorced woman to marry a young man whose mother rejected her due to tribal differences, while authorizing her foster brother and her maternal cousin to carry out the marriage procedures?
The preponderant opinion among jurists is that compatibility (kafa'ah) is based on religiosity and character. If a suitor possesses religiosity and good character, his marriage should not be rejected merely because he belongs to another tribe. Efforts should be made to convince the parents to agree. If they refuse, this constitutes 'adl (undue withholding by the guardian), and guardianship transfers to the next closest male agnate (asabah). The maternal cousin (ibn al-khalah) does not become a guardian. If the father refuses to marry off his daughter, the matter is brought before the Sharia judge to ascertain the extent to which 'adl has occurred. If proven, the judge will marry her off or order someone to do so.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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