Is it permissible for a young man to marry a girl with whom he previously committed fornication, without the permission of her guardian, in the event that her irreligious parents refuse, given that the conditions for marriage are met, and the father is abusive towards his daughter?
Adultery is a grave sin and one of the major transgressions. A woman's marriage is not valid without the permission of her guardian (wali), and if she marries without it, the contract is null and void. Scholars have differed regarding one who abandons prayer (salat); the majority view that he becomes a fasiq (transgressor) but does not commit an act of disbelief (kufr), and his transgression does not negate his guardianship. If the guardian commits an act that is definitively considered disbelief, his guardianship is forfeited. If the guardian prevents his daughter from marrying a suitable man and unjustly withholds her (adhal), she has the right to refer her case to the Sharia judge or whoever acts in his stead. The father's right to dutifulness and kindness is not negated by his shortcomings. The man must repent from adultery. A woman who has been divorced with a minor separation (baynunah sughra) is not permissible for him to consort with or be alone with her except through a new legitimate marriage contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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