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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for a daughter to disobey her father by refusing to marry a man who does not pray?

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The questioner:
Our sister says that some fathers force their daughters to marry their cousins, even though they do not pray. If the girl refuses the marriage, is she considered undutiful to her father? The father is determined to proceed with this marriage.

The Shaykh:
The guardian of a woman is obligated to look after her interests and to choose for her a suitable match who is righteous in his religion and his character. The Prophet (peace and blessings be upon him) said:
When someone whose religion and character you are pleased with proposes to (someone under the care) of one of you, then marry to him. If you do not do so, then there will be turmoil (Fitnah) in the land and abounding discord (Fasad).إذا أتاكم من ترضون دينه وأمانته فزوجوه، إلا تفعلوا تكن فتنة في الأرض وفساد كبير
Jami` at-Tirmidhi 1084Da'if (Darussalam)
The Prophet (peace and blessings be upon him) linked marriage to the guardians and linked marriage to trust and character; he linked marriage to religion and character.

The presenter:
Okay, okay.

The Shaykh:
He should be righteous in his religion, upright in his obedience to Allah (Glorified and Exalted is He), avoiding what Allah (Mighty and Majestic) has forbidden. In his character, he should have a good conduct, a good demeanor, and good treatment and good companionship with his wife, whether he is one of her cousins or someone else.

The presenter:
Good, good.

The Shaykh:
As for forcing her to marry her cousins, this is forbidden and not permissible; it is injustice to her. This is injustice to her and oppression (i'zal) of her. Rather, the choice is hers. The Prophet (peace and blessings be upon him) gave the choice to her. She is not to be married to someone she does not approve of. The Prophet (peace and blessings be upon him) ordered that the woman be consulted regarding her marriage, and she is not to be forced or compelled to marry someone she does not approve of. Likewise, she is not to be forced to marry her cousins if she does not desire them, because this is injustice to her and a deprivation of her choice. However, if he marries her to someone who is not upright in his religion, this is forbidden. And if this is a negligence in matters of religion that leads to exiting Islam, such as abandoning prayer, then it is not permissible to marry her off, because the one who abandons prayer intentionally is a disbeliever, and it is not permissible to marry a Muslim woman to a disbeliever, whether he is her cousin or someone else. Allah the Exalted said:
And do not marry polytheistic men [to your women] until they believe.وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىٰ يُؤْمِنُوا
[Al-Baqarah 2:221]
(Glorified and Exalted is He)
And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawfulفَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ
[Al-Mumtahanah 60:10]
for them. And the one who abandons prayer intentionally is a disbeliever; it is not permissible to marry him to the daughters of Muslims, whether he is the woman's cousin or a stranger. Yes.

The presenter:
May Allah reward you with good. If she refuses such a husband, is she not undutiful to her father?

The Shaykh:
If she refuses to marry someone she does not desire, this is her right.

The presenter:
All right.

The Shaykh:
So this is not undutifulness to her father.

The presenter:
Okay, okay, may Allah reward you with good, and may Allah reward you.
Source قناة «العلامة الدكتور صالح الفوزان»، هل يحق للبنت أن تعصي أباها بعدم الزواج من شخص لا يصلي؟ الشيخ صالح بن فوزان الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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