Is it permissible for this man to marry the girl he wishes to marry, despite her family's refusal and her mother's threats, knowing that he is married and has children, and that she is attached to him? And if she has no guardian, is it permissible for her to marry herself, or should he resort to the judiciary to marry them, in accordance with the Prophet's (peace be upon him) saying: "The ruler is the guardian of one who has no guardian"? And if the court approves this for him, is it permissible for him to marry her without her family's knowledge, and would this marriage be valid?
It is not permissible for a man to marry a woman without her guardian (wali), because marriage without a wali is invalid according to the majority of scholars. If the guardian prevents the woman from marrying a suitable match without a valid reason, the matter may be referred to a judge to arrange her marriage or to order the guardian to do so. The guardian is not considered to be unjustly preventing marriage (aadil) unless he prevents his ward from marrying a suitable match to harm her. However, if there is a valid reason for the prevention, he is not considered to be unjustly preventing marriage. If the guardian's refusal has a justification, it is not permissible for the man to marry the girl without his consent.
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