Is the marriage contract considered void if the marriage took place in the presence of two witnesses and with the offer and acceptance of the girl's guardian (her paternal uncle), whom she appointed, without referring to the Sharia court or obtaining the approval of the father who is abstaining from the marriage on the pretext of the girl completing her university education, knowing that the girl wishes to marry and the father refuses to marry her off?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the father and brother refuse to marry off a suitable girl who desires you, and she has no brother or nephew to marry her off, then her uncle's marriage of her is valid. Al-Mardawi said: "If the closer guardian refuses, the more distant one may marry her off." 'Adl (refusal) is preventing a woman from marrying her suitable match if she desires him. It is important to note the significance of documenting the contract in courts to preserve rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/186182
Where this answer came from
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- Ftawy
- Original fatwa ID
- 186182
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy