Who marries the daughter if the father obstructs her marriage and is absent?
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Question : And this is Muhammad ibn Harzi, who says that in some cases, the daughter is in the Kingdom and the father is in his home country, or vice versa, and the fathers have no intention of caring for their daughters, but when it comes to marriage, they obstruct their daughters. Is it permissible for the father's relatives to marry her off if they find a suitable match, despite his objection on the grounds that he is absent and that he is obstructing her?
Answer : The correct ruling is that if he is obstructing, the closer guardian is passed over and the more distant guardian marries her off. But if he is not obstructing and says that he is ready, then the more distant guardian does not marry her off. Rather, the closer guardian is informed that the daughter has been proposed to and that a suitable match whom he has approved has proposed for her. Then either he proceeds to marry her off, or he appoints a legal agent to marry her off, so that people do not presume to marry off women who are not under their guardianship on the grounds that the closest guardian is obstructing.
Answer : The correct ruling is that if he is obstructing, the closer guardian is passed over and the more distant guardian marries her off. But if he is not obstructing and says that he is ready, then the more distant guardian does not marry her off. Rather, the closer guardian is informed that the daughter has been proposed to and that a suitable match whom he has approved has proposed for her. Then either he proceeds to marry her off, or he appoints a legal agent to marry her off, so that people do not presume to marry off women who are not under their guardianship on the grounds that the closest guardian is obstructing.
Source
الفتاوى الثلاثية (3) - 1 — binothaimeen.net (6:50)
The Arabic text is a machine transcription of the audio recording.
