A righteous young man proposed to a girl, and the girl and her family are all convinced of this young man in terms of his character, righteousness, and adherence to Islam, but the girl's brother
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The questioner : A righteous young man proposed to a girl, and the girl and her family are all convinced of this young man in terms of his character, righteousness, and adherence to Islam, but the girl's older brother, who is her guardian because her deceased father imposed a material condition on the young man, and it was decreed by Allah that he was unable to fulfill it, and the girl and all her family, including her other brothers who are also adults, agree to the marriage. So is it permissible for the girl's other brothers to take charge of her marriage without the approval of her older brother, given that this brother is also convinced of the suitor in all respects, but his approval is contingent on this purely material condition?
The Shaykh : Yes, if a man proposes to a woman and is suitable in his religion and character, and she is pleased with him and her brothers are pleased with him, then she may marry him. And whoever among them opposes it, his opposition is not heeded, even if he is the specific guardian, for he has no right to prevent her from marrying a suitable man. In this case, she may refer the matter to the judicial authority in order to appoint one of her guardians to marry her off.
As for if they are brothers, and all of them are full brothers, then each one of them is a guardian in his own right, without needing an appointment or going to the judge. So if her older brother refuses to marry her off except with this purely material condition, then the rest of her adult brothers, in whom the conditions of guardianship are met, each of them has the right to marry her off. And in this case, it is said to the older brother: If you marry her off, then we respect you and leave the matter to you. But if you do not marry her off, then one of us will take charge of marrying her off. And in this case, if one of them takes charge of marrying her off, then the marriage contract is valid, because their guardianship over their sister is equal, since each of them is a full brother.
And on this occasion, I advise this older brother, if what was mentioned about him is true, I advise him and say to him: Fear Allah the Exalted and Majestic, do not prevent this woman from her suitable suitor who proposed to her and she is pleased with him, for the sake of the debris of this world and the fleeting nature of this world. Indeed, if you impose a condition for yourself, it is not permissible for you, and everything he imposes becomes for the wife because it is her mahr (bridal gift). And Allah Blessed and Exalted is He said:[An-Nisa 4:4] So He made the mahr for them, and made the disposal of it for them, and you have no right to it. So fear Allah, my brother, in yourself and in those over whom Allah has placed you as a guardian. And know that your guardianship, you and your brothers, is equal in it, since each of you is a full brother. If you marry her off, then you will be thanked for that. But if you do not marry her off, then they have the right by the Shari'ah to marry her off. But your taking charge of marrying her off and saving the family from problems, that is the good for you and your brothers and your sister.
The questioner : May Allah reward you with good.
The Shaykh : Yes, if a man proposes to a woman and is suitable in his religion and character, and she is pleased with him and her brothers are pleased with him, then she may marry him. And whoever among them opposes it, his opposition is not heeded, even if he is the specific guardian, for he has no right to prevent her from marrying a suitable man. In this case, she may refer the matter to the judicial authority in order to appoint one of her guardians to marry her off.
As for if they are brothers, and all of them are full brothers, then each one of them is a guardian in his own right, without needing an appointment or going to the judge. So if her older brother refuses to marry her off except with this purely material condition, then the rest of her adult brothers, in whom the conditions of guardianship are met, each of them has the right to marry her off. And in this case, it is said to the older brother: If you marry her off, then we respect you and leave the matter to you. But if you do not marry her off, then one of us will take charge of marrying her off. And in this case, if one of them takes charge of marrying her off, then the marriage contract is valid, because their guardianship over their sister is equal, since each of them is a full brother.
And on this occasion, I advise this older brother, if what was mentioned about him is true, I advise him and say to him: Fear Allah the Exalted and Majestic, do not prevent this woman from her suitable suitor who proposed to her and she is pleased with him, for the sake of the debris of this world and the fleeting nature of this world. Indeed, if you impose a condition for yourself, it is not permissible for you, and everything he imposes becomes for the wife because it is her mahr (bridal gift). And Allah Blessed and Exalted is He said:
And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًاThe questioner : May Allah reward you with good.