Does the guardianship transfer from the father to the son if the father did not strive to choose a righteous husband for his daughter, given that when a suitor comes, he does not
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The questioner : May the Shaykh be honored, does the guardianship transfer from the father to the son if the father did not strive to choose a righteous husband for his daughter, such that when a suitor comes, he does not care about it and does not ask about him, or if he distorts his daughter's image in the suitor's eyes to deter him from marriage? Please inform us about this, may Allah reward you with good?
The Shaykh : How excellent this question is at this time, on the eve of the summer vacation, because marriages become frequent.
I say that the guardian of a woman, whether he is her father, brother, or uncle, is responsible for his guardianship before Allah (Mighty and Majestic). It is obligatory for him to fulfill the trust. If a person of good character and religion proposes to his ward and the woman is pleased with that, then he must marry her to him, and it is not permissible for him to delay, because that is contrary to the trust; rather, it is a betrayal. Allah (Mighty and Majestic) said:[Al-Anfal 8:27-28] Therefore, it is obligatory for the one whom Allah has made guardian over a woman, if a suitable suitor in religion and character proposes to her, to marry her if she is pleased. And let him know that the woman feels what he feels of desire. I do not know if someone prevented a young man with desire from marrying, would he consider himself unjust to him or not? I believe he would say: "He is unjust to me." If he says that regarding the one who prevented him from marrying, how is it that he treats this poor woman who cannot marry herself, and no one from her relatives can proceed to marry her, while the closest guardian is present?
Many young women remained unmarried and reached a great age without getting married because of these unjust guardians, may Allah protect us from that.
And I have been told of a young woman whose father prevented her, meaning he prevented the suitors from marrying her. She was affected by that and the woman fell ill. And while she was on her deathbed, having been given up for, she said to the women around her: "Convey my greetings to my father and tell him that there is a standing between me and him before Allah on the Day of Resurrection," meaning she will demand of him on the Day of Resurrection for what he did, where he prevented her from men. And perhaps her illness and death were due to the oppression.
Therefore, we say: If one prevents his ward from marrying a suitable suitor whom she has accepted, then the wife has the right to demand this from the judge, and the judge must respond to her request to marry her to this suitable suitor whom she has accepted. Either he appoints the closest person to her after the guardian who refused, or he does what he sees as in accordance with the Shari'ah.
But the woman may not be able to do that out of modesty or fear of violating customs or the like. And in that case, nothing remains but the severe punishment of the Lord of the Worlds (Mighty and Majestic). Let this guardian fear Allah and be mindful of his Lord. And I say, as the scholars (may Allah have mercy on them) said: If the guardian repeatedly rejects suitors, he becomes an open sinner, and his justice is removed from him, and he does not undertake any work in which justice is required, and the guardianship transfers from him to the one after him among the guardians. Yes.
The questioner : May Allah bless you. This listener is from a Qur'an memorization school in al-Madinah al-Munawwarah, and she says: May the Shaykh be honored.
The Shaykh : How excellent this question is at this time, on the eve of the summer vacation, because marriages become frequent.
I say that the guardian of a woman, whether he is her father, brother, or uncle, is responsible for his guardianship before Allah (Mighty and Majestic). It is obligatory for him to fulfill the trust. If a person of good character and religion proposes to his ward and the woman is pleased with that, then he must marry her to him, and it is not permissible for him to delay, because that is contrary to the trust; rather, it is a betrayal. Allah (Mighty and Majestic) said:
(27) O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know [the consequence]. (28) And know that your properties and your children are but a trial and that Allah has with Him a great reward.
يَا أَيُّهَا الَّذِينَ ءامَنُوا لا تَخُونُوا اللَّهَ وَالرَّسُولَ وَتَخُونُوا أَمَانَاتِكُمْ وَأَنْتُمْ تَعْلَمُونَ * وَاعْلَمُوا أَنَّمَا أَمْوَالُكُمْ وَأَوْلادُكُمْ فِتْنَةٌ وَأَنَّ اللَّهَ عِنْدَهُ أَجْرٌ عَظِيمٌMany young women remained unmarried and reached a great age without getting married because of these unjust guardians, may Allah protect us from that.
And I have been told of a young woman whose father prevented her, meaning he prevented the suitors from marrying her. She was affected by that and the woman fell ill. And while she was on her deathbed, having been given up for, she said to the women around her: "Convey my greetings to my father and tell him that there is a standing between me and him before Allah on the Day of Resurrection," meaning she will demand of him on the Day of Resurrection for what he did, where he prevented her from men. And perhaps her illness and death were due to the oppression.
Therefore, we say: If one prevents his ward from marrying a suitable suitor whom she has accepted, then the wife has the right to demand this from the judge, and the judge must respond to her request to marry her to this suitable suitor whom she has accepted. Either he appoints the closest person to her after the guardian who refused, or he does what he sees as in accordance with the Shari'ah.
But the woman may not be able to do that out of modesty or fear of violating customs or the like. And in that case, nothing remains but the severe punishment of the Lord of the Worlds (Mighty and Majestic). Let this guardian fear Allah and be mindful of his Lord. And I say, as the scholars (may Allah have mercy on them) said: If the guardian repeatedly rejects suitors, he becomes an open sinner, and his justice is removed from him, and he does not undertake any work in which justice is required, and the guardianship transfers from him to the one after him among the guardians. Yes.
The questioner : May Allah bless you. This listener is from a Qur'an memorization school in al-Madinah al-Munawwarah, and she says: May the Shaykh be honored.