The Girl's Father Disagrees With A
Marriage – What Is The Solution?
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
I have a question regarding marrige. If a father
disagrees with a marrage along racial lines or because
that person is upon the manhaj of the salaf and there
is no islamic judge in your locality e.g. Carribbean,
What should that person do according to the Qur'an and
Praise be to Allaah.
Firstly: it is not permissible for a man to marry a
woman without the permission of her walee (guardian),
regardless of whether she is a virgin or
previously-married. This is the view of the majority
of scholars, including al-Shaafa'i, Maalik and Ahmad.
They take as evidence (daleel) the words of the
Prophet (peace and blessings of Allaah be upon him):
"There should be no nikaah (marriage contract) except
with a wali (guardian)."
(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn
Maajah, 1881. It is saheeh, as stated in Irwaa'
al-Ghaleel,6/235, by al-Albaani, may Allaah have mercy
And the hadeeth:
"Any woman who gets married without the permission of
her wali, her marriage is invalid, her marriage is
invalid, her marriage is invalid. If her husband has
consummated the marriage, then the mahr belongs to her
in return for that. If she does not have a wali then
the (Muslim) ruler is the wali of anyone who does not
have a wali."
(Narrated and classed as hasan by al-Tirmidhi, 1102;
Abu Dawood, 2083; Ibn Maajah, 1879).
Secondly: if her wali prevents her from marrying the
person she wants with no shar'i reason for doing so,
the guardianship passes to someone who is fit to be a
wali, so it may pass from her father to her
grandfather, for example.
Thirdly: if all her guardians prevent her for no
shar'i reason, then the (Muslim) ruler will be her
wali, because of the hadeeth, "…If she does not have a
wali, then the (Muslim) ruler is the wali of anyone
who does not have a wali." The "ruler" here means the
judge who rules according to sharee'ah.
The wali does not have the right to prevent a woman
from marrying on the basis of his own whims and with
no shar'i reason.
It was reported that al-Hasan said: Ma'qil ibn Yassaar
told me that [this aayah] was revealed concerning him.
He said: "I married a sister of mine to a man, and he
divorced her. When her ‘iddah was over, he came and
asked to marry her. I said to him, ‘I married her to
you and I treated you well and honoured you, then you
divorced her. And now you come asking to marry her!
No, by Allaah, she will never go back to you!' He was
a man who had nothing wrong with him, and the woman
wanted to go back to him. Then Allaah revealed this
aayah (interpretation of the meaning): ‘…do not
prevent them …' [al-Baqarah 2:232]. So I said, ‘Now I
will do it, O Messenger of Allaah.'" So he married her
to him. (Narrated by al-Bukhaari, 4837).
According to another report, he said:
"It was concerning me that this aayah was revealed
(interpretation of the meaning): ‘And when you have
divorced women and they have fulfilled the term of
their prescribed period, do not prevent them from
marrying their (former) husbands' [al-Baqarah 2:232].
Fourthly: If there is no wali and no shar'i judge,
then her case should be referred to the ruler or
whoever is acting in his stead. If there is no such
person, then her case should be referred to the
sharee'ah courts. If there is no sharee'ah court, then
her case should be referred to a man who holds a
position of leadership among his people and is
committed to Islam. If there is no such man, then her
case should be referred to any trustworthy and
religiously-committed man who is fit to be a wali.
Ibn Qudaamah said: if a woman does not have a wali and
there is no ruler, then according to Ahmad, any
religiously-committed man may arrange her marriage
with her permission. (al-Mughni, 7/352).
Shaykh ‘Umar Al-Ashqar says:
If there is no Muslim ruler and the woman is in a
place where the Muslims do not have a ruler and she
has no wali at all, such as the Muslims in America
etc., then if there are Islamic organizations in that
country which take care of the Muslims' affairs, they
should step in and take care of arranging her
marriage. The same applies if the Muslims have a
leader whom they obey or someone who takes care of
their affairs. (Al-Waadih fi Sharh Qaanoon al-Ahwaal
al-Shakhsiyyah al-Urduni, p. 70).
All of this [transferring guardianship to someone
other than the girl's father] must be with the consent
of the girl and should not result in greater
corruption than preventing you from marrying her. It
should also be on the condition that the reason for
[the father's] refusal is invalid according to the
sharee'ah, as you have explained.
Fifthly: it is not permissible for the walee to refuse
marriage because the prospective husband does not
follow his manhaj of da'wah, or because he is not of
his tribe or from his country. The Prophet (peace and
blessings of Allaah be upon him) commanded us to marry
religious people and not to refuse them, otherwise
corruption and tribulation would be the result.
Abu Hurayrah said: the Messenger of Allaah (peace and
blessings of Allaah be upon him) said: "If someone
whose religious commitment and attitude pleases you
proposes marriage, then marry [your female relative
under your charge] to him. If you do not do that,
there will be tribulation in the land and much
corruption." (Narrated by al-Tirmidhi, 1084; Ibn
Maajah, 1967. Classed as saheeh by al-Albaani, may
Allaah have mercy on him, in al-Silsilah al-Saheehah.
Sixthly: by the same token, it is not permissible for
a woman to justify a marriage to whomever she wishes
on the grounds that this person is following the same
manhaj of da'wah. It is sufficient for her that the
person who is proposing marriage is religiously
committed and has a good attitude.
And all parties concerned should remember that their
Lord, may He be blessed and exalted, is always