Subject : It isn`t permissible for the Father to Refuse Eligible Suitors for his Daughter
Fatwa Number : 3149
Date : 09-12-2015
Classified : Pillars of marriage
Fatwa Type : Search Fatawaa

Question :

Is it permissible for the father to prevent his daughter from marrying an eligible suitor for no valid reason?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may his blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

It isn`t permissible for the father(legal guardian) to prevent his daughter from marrying an eligible suitor as stated by Al-Imam An-Nawawi, "The prevention occurs when the responsible daughter is proposed to by an eligible suitor and her father refuses him. However, if she chooses an eligible suitor and her father opts for another eligible suitor, then he has the right to do so because he is more aware of what is in her best interest, according to the more correct opinion of the Shafite Jurists."{Menhajj At-Talibeen/ 207}.

This opinion is indicated by the following verse and Hadith, " do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms."{Al-Baqarah/207 , "When someone whose religion and character you are pleased with comes to you then marry him."{At-Tirmizi}.

Therefore, it is permissible for her to go to a Sharia judge to marry her off to an eligible suitor.

Article (18) of the Jordanian Personal Status Law reads, "The judge may marry off the virgin who has become fifteen years old, upon her own request, to an eligible suitor in case her Wali(legal guardian) refused him for no valid reason." And Allah knows best.



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