There are girls in Iraq who were originally Shi'ah but have become Sunni, and suitors come to marry them, but their guardians refuse. Is it permissible to marry them even if their fathers do not give permission?

The questioner : You know, Shaykh, that in Iraq there is a considerable number of people who hold Shi'ah, secular, and Sufi ideas. A very large number of girls, may Allah guide them, have been guided by their brothers, usually, and have become Sunni. Many of them are now being prevented from marriage by their guardians. This prevention is sometimes resolved by Allah (Glorified and Exalted is He) when the guardian, after long patience and hardship from the girl, agrees to waive his right. But there are others who are still in this state. In fact, some names are still known to many of the Shaykhs there in Iraq.

The Shaykh : What names?

The questioner : The names of girls.

The Shaykh : Yes, girls who are being prevented from marriage.

The questioner : Yes, girls who are being prevented from marriage. No fatwa is issued for them to bypass the guardian's authority, knowing that the law there, of course, does not recognize the guardian's authority in marriage.

The Shaykh : Yes.

The questioner : As for the harms resulting from removing the authority from this guardian, they are always far from the Islamic perspective. Muslims are not accused of this; rather, it falls only on the girl and her husband in this direction. And with caution and prudence, many of the harms can be avoided. So what is your opinion, Shaykh, on this?

The Shaykh : The question is not clear to me. What specifically am I to say?

The questioner : About bypassing.

The Shaykh : ... Focus, focus on the question.

The questioner : About bypassing the authority of the guardian who prevents his daughter from marrying anyone but a Shi'ite or a Ba'athist, and transferring the authority to her brother, meaning.

The Shaykh : What I understood from you is that there are girls who were originally Shi'ah but have become Sunni, and suitors come to marry them, but their guardians, the fathers, refuse. So the question is: Is it permissible to marry them to the suitors even if their fathers do not give permission? Is that the question?

The questioner : Correct, Shaykh, that is it.

The Shaykh : Good. We say: If the suitors follow the following plan, the matter is permissible. First, as is the customary way, they should propose to their fathers. We understand that they refuse this first step, so they bypass it. The second step is that they seek the intercession of someone among their relatives whom they think has leniency and ease, to intercede with the guardian to accept the marriage. If this path is also blocked for the suitors, they ask another person from among their relatives, even if distant, to accept taking over her guardianship from her father, despite his objection.

The questioner : From the uncles and maternal uncles.

The Shaykh : Ah, this is the second step. We have bypassed it. You must have noticed.

The questioner : Yes, may Allah reward you.

The Shaykh : Good. If this third intermediary is found, he takes over the contract, and it becomes lawful with His permission (Glorified and Exalted is He) after this theoretical, scientific, and foundational sequence. If all paths become narrow, then the legal contract is accepted when the Sharia means, through this sequence, are no longer in the hands of the suitors. Is that clear?

The questioner : Meaning, after all these stages, if they despair, the legal contract is accepted.

The Shaykh : Yes.

The questioner : May Allah reward you with good.

The Shaykh : And you, where is Sami now?
The student : He will come, our Shaykh.

The questioner: Our Shaykh

The Shaykh : Give the turn to someone else now.

The questioner : May Allah honor you.

The Shaykh : You are here every day, yes.

The questioner: All right, O Shaykh.