Marriage When the Woman’s Sunni Father Refuses - Jurisprudential Answers - Miscellaneous Issues, Vol 3

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Question 140

I want to marry a woman whose father is Sunni and whose deceased mother was Shia. She lives with her grandmother, was raised loving the Ahl al-Bayt, and is now a Ja'fari Shia. Her father has refused the marriage. Is there a way forward? The woman is 21 years old and agrees to the marriage.

Ahmed al-Hasan Response:

If she is 21 years old, the approval of her father or grandfather is not required for her marriage. She may marry herself even if her father refuses. The authority of a father and grandfather-provided they are believers and just-applies to an adult woman under 18 years of age, whether she was previously married or is a virgin. Their authority does not apply to a mature virgin who has reached 18 years of age; she has authority over herself in both permanent and temporary marriage. If either of them contracts her marriage, his contract does not take effect without her consent. It is, however, disliked for her to marry herself without the guardian's permission. If the guardian obstructs an adult woman by refusing to marry her to a suitable match whom she wishes to marry, she may contract her own marriage even against his wishes.

Source: Jurisprudential Answers - Miscellaneous Issues, Vol 3; Author: Imam Ahmed Al-Hasan; Question 140; Page 46; FIQH-MISC-V3-Q140. View Arabic source · Open the original Arabic source ↗

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  1. ↑ Ahmed Al-Hasan. Jurisprudential Answers - Miscellaneous Issues, Vol 3. Question 140; Page 46. FIQH-MISC-V3-Q140. View Arabic source
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Ahmed Al-Hasan. Jurisprudential Answers - Miscellaneous Issues, Vol 3. Question: 140. Page: 46. FIQH-MISC-V3-Q140. https://books.ahmadalhassan.com/readbookshow/346