Is it permissible for a divorced woman, 34 years of age, to marry a competent and respectable man, knowing that her guardian (her father) refuses to marry her off without acceptable reasons, and she has discovered that he commits adultery?
If the man is suitable, the father does not have the right to prevent his daughter from marrying him; otherwise, he would be an oppressor (a'dil), and she would have the right to refer the matter to the judge to marry her off or order her guardian to do so. A woman is not permitted to marry herself off without a guardian, as marriage without a guardian is invalid according to the majority of scholars. If the father insists on refusing after attempts to convince him and mediation by wise people, then her only recourse is to refer the matter to the Sharia court, while also being obligated to advise the father and warn him of the consequences of committing unlawful acts. His right over her is not forfeited by his transgression or injustice.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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