If a Father Refuses to Give His Daughters in Marriage to Suitable Men

Question :

We are a group of girls who are sisters and we live in one house, and frequently suitors for our hands from among the religious young men have been rejected; and our father is suffering from mental illness. May the Judge in this situation take charge of the marriage contracts for us?

Answer:

Yes, if the guardian refuses to give a woman in marriage to a man who is suitable in his religion and his character.

This is because guardianship passes to the one who comes after him among the paternal family members, the one with the greatest right, then the next one. And if they refused to give them in marriage, as most often happens, then the guardianship passes to the legal Judge and he gives the woman in marriage, and if the matter reaches him and he knows that her guardians have refused to give her in marriage, he must give her in marriage, because he has a general guardianship, as long as no particular guardianship is present.

The scholars of Islamic Jurisprudence (Fiqh) may Allah have mercy on them have mentioned that if the guardian scholars are divided regarding it. Some of the scholars hold that it must be announced, while others say that its being witnessed is enough without it being announced.

Whichever it is, the claim of this man that the questioner is his wife is an untrue claim, without any foundation to it in the Islamic Law. Therefore it is incumbent upon this woman to contact her family so that they may prevent this man from her.

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