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Is it permissible to marry without a guardian (wali) if the parents of both parties refuse due to the father abandoning prayer and apostatizing, and is it permissible for the Imam to be the guardian based on the hadith "Indeed, the ruler is the guardian of one who has no guardian," taking into account the hadith "There is no marriage without a guardian," and the possibility of contracting the marriage in another country to avoid fornication?

1 min readAlso available in العربية

Marriage without a wali (guardian) is invalid according to the majority of scholars. The persons most entitled to give a woman in marriage are her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then her paternal uncles. If the father loses his eligibility for guardianship, the guardianship transfers to the next closest guardian in the mentioned order. If she has no righteous guardian, the Muslim judge may marry her off with her permission, based on the saying of the Prophet, peace be upon him: "The ruler is the wali of one who has no wali." If the wali refuses to marry the woman to a suitable man (kufu'), he is considered to be preventing her marriage unjustly ('aḍil), and she has the right to refer the matter to the judge to either marry her off or order her wali to do so. Therefore, marriage without a wali is not permissible, and it is not valid for the Imam of the mosque or anyone else to conduct the marriage contract as long as she can marry through a wali or a Muslim judge.

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

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