Back to search

Is it permissible for the paternal uncles, maternal uncles, and their sons to forfeit their right to act as guardians for the marriage of a woman to a man of good character and religious commitment, given their prior knowledge of their refusal to the marriage due to nationality, and is it permissible for the girl to choose another guardian to solemnize her marriage, considering the impossibility of resorting to the judiciary, and would she be considered disobedient to her mother for opposing her for the same reason?

1 min readAlso available in العربية

Marriage is not valid without a guardian (wali). If the guardian prevents a woman from marrying a suitable man whom she accepts, he has unjustly withheld her, and guardianship transfers to the next male agnate (asabah), and then to the judge. If the guardian repeatedly prevents a suitable suitor, he becomes a transgressor (fasiq), and his guardianship is revoked. The wronged woman has the right to approach a judge to marry her off, as this serves her interest and that of others, deters oppressive guardians, and upholds the command of the Prophet, peace and blessings be upon him.

If the brothers' reason for preventing the suitor is a difference in nationality, they might have an excuse for this due to the many problems that arise in this type of marriage. However, if they repeatedly prevent her from marrying a suitable man, and the judge refuses to marry her off for fear of her guardians, then in this necessary situation, she may appoint a righteous man to officiate her marriage, while weighing the loss of her family in the first case against patience and waiting in the second.

The entire matter is in the hands of Allah, so she should supplicate for Allah to guide her family and grant her a righteous husband.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy