Is it permissible for a girl to marry herself if her guardian prevents her from marrying a righteous young man she desires, given her need for marriage and her fear of falling into sin, especially if the prevention is without a legitimate reason and there is no Sharia body to arbitrate the matter?
When a girl reaches puberty and needs to get married, and a suitable man proposes to her, it is forbidden for her father to prevent her on the pretext of her studies or anything else, due to the Prophet’s saying: "If someone whose religion and character you approve of proposes to you, then marry him. If you do not do so, there will be tribulation on earth and widespread corruption."
And due to his saying to Ali: "Do not delay three things: prayer when its time comes, a funeral when it is present, and a single woman when a suitable match is found for her."
If the father insists on preventing her, he is an oppressor (adil), and his guardianship falls away and transfers to the next guardian in line, such as her brother or uncle. If she has no other guardian besides him, or if the guardians unanimously oppress her, then she should resort to an Islamic authority or a trustworthy scholar, as scholars take the place of a judge in the absence of a Sharia judge.
Marriage is not valid except with a guardian from her relatives or from the Muslim community.
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- Ftawy
- Original fatwa ID
- 84001
- Imported
- Translation status
- Source text, unreviewed
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