Back to search
The question

Is it permissible for one of her relatives to marry a divorced woman to a married man whom her father rejects, and is it valid for the judge to be the guardian if all relatives refuse, especially since the woman lives alone with her daughter and needs to marry to secure her affairs and those of her daughter?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a father prevents his daughter from marrying a suitable man, she has the right to bring her case before a judge.

Scholars differed on the transfer of guardianship to a more distant guardian without referring to the ruler. Ibn Qudamah favored its transfer to a more distant guardian or to the ruler.

If the guardians refuse to marry off a woman, the judge marries her off, because the Prophet, peace and blessings be upon him, said: "The ruler is the guardian of the one who has no guardian." The Muslim community acts in place of the judge when one is not available.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
136500
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