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The Ruling on a Young Woman's Guardian Refusing to Give Her in Marriage

 


Question:

A person proposed marriage to a young woman and her guardian refused, with the intention of forbidding her to marry. What is the ruling of Islaam on this? Deliver a legal verdict for us, may Allaah reward you.
Answer:

It is an obligation upon the guardians to give their charges in marriage early if they are proposed to by suitable men and they accept, according to the words of the Prophet sallallaahu alayhi was salaam:
'If one whose religion and character pleases you proposes to you, then marry (your daughter to) him. If you do not do so, it will be a cause of trial in the land and great corruption.' (At Tirmithi no. 1084)

So it is not permissible to prevent them from marrying, in order to give them in marriage to those whom they do not accept, such as their cousins or others, nor in order to ask for a lot of money or other things which have not been legislated by Allaah and His Messenger sallallaahu alayhi was salaam.

It is incumbent upon the authorities, such as the governors and the judges, to prevent those who are known to refuse one, while permitting another guardian to marry his charges, and to permit other guardians to give them in marriage, starting with the nearest relatives and then the next nearest. They must do this in order to prevent injustice, to implement justice, and to protect the young men and women from doing what Allaah has forbidden (unlawful sexual relations) due to being prevented from marriage by their guardians' injustice. We ask Allaah that He guide us all and make us choose truth over vain desires, for verily, He is All-Hearing, ready to answer.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyyah, Darussalam, volume 5, pages 177/178

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