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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?

1 min readAlso available in العربية

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

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

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