What is it that legally prevents me as a father from absolutely prohibiting my daughter from marrying, and would I be unjust if I prevented her from marrying in the first place? Is her marriage valid without my consent if there is no guardian for her other than me? What is the legal proof that I do not have the right to prevent her?
The majority of scholars favored the condition of a guardian (wali) for marriage due to the strength of its evidence, contrary to Abu Hanifa. Nevertheless, if a marriage contract is concluded in accordance with the Madhab of Abu Hanifa or ruled upon by a judge, it is valid. The father's authority is not absolute; a previously married woman (Ayyim) may not be married off until her consent is sought, nor a virgin (Bikr) until her permission is requested. If a suitable suitor proposes and the woman desires him, the guardian has no right to prevent her without a legitimate religious justification. If he prevents her without a valid excuse, he has wronged her (adhalaha), and she has the right to refer her case to the judiciary for the judge to marry her off. The term 'adhl' (wrongful prevention) includes preventing a woman from marrying initially or preventing her from returning to her husband.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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