Can a girl resort to the court for the judge to marry her to a young man who proposed to her, but her parents refused him because he is not from their tribe, and will the judicial procedures in this case be lengthy?
Preventing daughters from marrying those who are suitable in terms of religion and character, or delaying their marriage due to tribal customs, is considered an injustice and a betrayal of trust, and it results in great corruption. The Prophet, peace and blessings be upon him, commanded that whoever's religion and character are pleasing should be married, otherwise there would be widespread trials and corruption. If a guardian prevents his ward from marrying her suitable match, he becomes an oppressor (عاضل), and his guardianship falls, transferring to the next in line among the male relatives ('asabah), and then to the legitimate ruler. A girl has the right to petition the judge to request marriage if her guardian oppresses her. This entails multiple benefits for her and others, deters oppressive guardians, and establishes the command of the Sharia. The order of guardians for marriage is: the father, then his father however high, then the son and his son however low, then the full brother, then the half-brother (from the father's side), then their sons, then the paternal uncles, then their sons, then the paternal uncles of the father, then the ruler.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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