What is the ruling on a young man and woman resorting to a customary, pro forma marriage contract to compel their parents to approve their marriage, given previous disagreements between the parents, and their desire to avoid recourse to the judiciary for fear of parental anger and public criticism?
It is permissible for a father to prevent his son from marrying if there are acceptable reasons, such as the wife being irreligious or of bad character, and the son must obey him then. However, if the prevention is merely due to caprice and obstinacy, it is not permissible, and the son's marriage then is not considered disobedience.
Similarly, it is not permissible for a father to prevent his daughter from marrying a suitable (pious and well-mannered) man. If he prevents her, she has the right to take her case to court to enable her to marry.
As for writing a fictitious, customary marriage contract to force the parents, it is not permissible, because customary marriage without the guardian's consent is forbidden, and it involves falsehood and deceit. The has provided an outlet by allowing the girl to take her case to court. If the marriage takes place through the court against the father's will, this is not considered disobedience because the father is oppressive by denying her her right.
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