Is it permissible for someone other than the father to marry off his daughter if the father refuses to marry her off?
Machine translationRead the Arabic original
Question : He asks: Is it permissible for a guardian other than the father to marry off a woman if her father refuses?
Answer : The answer is: If her father refuses to marry her off, and he is scrupulous in his religion and character, and the woman has consented to him, then it is permissible for a guardian other than the father to marry her off. If he marries her off, the marriage is valid. If the guardians refuse to marry her off and say, "It is not our place to intervene between a man and his daughter," then who marries her off? The judge marries her off. The matter is referred to the judge, and he marries her off. This is the answer. However, if someone were to say that if this issue arises based on customs, it leads to fitnah (trial, discord or temptation), because the woman's guardians might transgress against the husband by harming him, beating him, leveling accusations against him, or doing something even greater than that, then the judge also considers the circumstances in this case. He considers the circumstances: is there a fear of fitnah if the daughter is married off while her guardians have refused? Or is there no such fear?
But before the judge marries off the daughter, he must bring her wali (guardian), who is the most entitled person to the marriage, and advise him and warn him of Allah (Mighty and Majestic). He should say, "Consider this in your heart: if you wanted to get married and someone prevented you, would you not consider this injustice? So how can you not accept it for yourself but accept it for your daughter?" He advises him and warns him of Allah. If he does not respond, the matter is transferred to the next guardian in line, and so on. Yes. May Allah reward you.
Answer : The answer is: If her father refuses to marry her off, and he is scrupulous in his religion and character, and the woman has consented to him, then it is permissible for a guardian other than the father to marry her off. If he marries her off, the marriage is valid. If the guardians refuse to marry her off and say, "It is not our place to intervene between a man and his daughter," then who marries her off? The judge marries her off. The matter is referred to the judge, and he marries her off. This is the answer. However, if someone were to say that if this issue arises based on customs, it leads to fitnah (trial, discord or temptation), because the woman's guardians might transgress against the husband by harming him, beating him, leveling accusations against him, or doing something even greater than that, then the judge also considers the circumstances in this case. He considers the circumstances: is there a fear of fitnah if the daughter is married off while her guardians have refused? Or is there no such fear?
But before the judge marries off the daughter, he must bring her wali (guardian), who is the most entitled person to the marriage, and advise him and warn him of Allah (Mighty and Majestic). He should say, "Consider this in your heart: if you wanted to get married and someone prevented you, would you not consider this injustice? So how can you not accept it for yourself but accept it for your daughter?" He advises him and warns him of Allah. If he does not respond, the matter is transferred to the next guardian in line, and so on. Yes. May Allah reward you.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[3 من 42]هل يجوز لغير الأب تزويج البنت إذا امتنع الأب من تزويجها؟! ابن عثيمين -مشروع كبارالعلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
