If a girl and a young man agree to marry, but the girl's parents refuse, and they go to the judge who marries them on his own authority, even though a guardian is present, but because of his refusal, he is not referred to for his consent
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The questioner : The second question says: In cases of marriage, it may happen that the girl and the young man agree to marry, but the girl's parents refuse. They then go to the judge, who marries them on his own authority, even though a guardian is present. However, because of his refusal, he is not referred to for his consent. What is the ruling on such a marriage?
The Shaykh : If the guardian refuses to marry off the woman for whom he is the guardian to the one who proposed to her, then it is looked into: if this suitor is a suitable match in his religion and character, then the guardianship passes to those after him, not to the judge. For example, if she has a father and a brother, and the father refuses to marry her off, and the suitor is a suitable match in his religion and character, then her full brother or her brother from the same father has the right to marry her off. If she has no brother, then her paternal uncle, and so on, the closest to the closest among her male agnatic relatives. If she has no male agnatic relatives, then the judge marries her off at that time, because the judge is the guardian of one who has no guardian. However, if there is a guardian who is not refraining from marrying her off to a suitable match, it is not permissible for the judge to take charge of marrying her off. Yes.
The Shaykh : If the guardian refuses to marry off the woman for whom he is the guardian to the one who proposed to her, then it is looked into: if this suitor is a suitable match in his religion and character, then the guardianship passes to those after him, not to the judge. For example, if she has a father and a brother, and the father refuses to marry her off, and the suitor is a suitable match in his religion and character, then her full brother or her brother from the same father has the right to marry her off. If she has no brother, then her paternal uncle, and so on, the closest to the closest among her male agnatic relatives. If she has no male agnatic relatives, then the judge marries her off at that time, because the judge is the guardian of one who has no guardian. However, if there is a guardian who is not refraining from marrying her off to a suitable match, it is not permissible for the judge to take charge of marrying her off. Yes.