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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a woman’s request to transfer the guardianship of her withholding father to the judge

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Your Eminence! We have a large number of questions, and we take them in the order they arrive. A message from Ummah Allah, Nabila bint 'Abd al-'Aziz, and a message from the listener or sender (M. M. M) from al-Ras.
The question: Ummah Allah, Nabila bint 'Abd al-'Aziz says, "Peace be upon you, and Allah’s mercy and blessings. And after that:
I am writing this message to you, perhaps Allah will decree good for us, and I will find from you the fatwa that heals and cuts off doubt in this matter:
A young man proposed to me, and I learned that he fears Allah greatly—and we do not praise anyone before Allah—and when he proposed to the father, the father rejected him for worldly reasons, which is that he is unable to boast about him before people; because his appearance does not please the people of this time, because he wears the shirt and does not lengthen his garments, following the example of the Messenger ﷺ. This is in addition to the fact that he did not like his way of life, which is—and praise be to Allah—considering this world as a passage to the abode of permanence. The important thing is that he rejected him for his religion, may Allah guide him to the straight path.
And since I have learned of this brother’s religion, and I know that rejecting a person with these qualities is a fitnah in the earth and a great corruption, if I am lazy about dropping the guardianship from the father and going to the judge or to a scholar who is described as pious to take charge of my marriage, is there anything upon me or not? May Allah guide you.
The answer: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, and blessings and peace be upon the Messenger of Allah, and upon his family and his companions, and whoever follows his guidance.
As for what follows:
There is no doubt that it is upon the father and upon the rest of the guardians to care for their trusts, and they are the women under their guardianship, from daughters and sisters, and that they should strive to marry them and not delay them or withhold them, and that they should look at the spouses from the aspect of religion, uprightness, trustworthiness, and good condition, not from the aspect of the world and appearances; for this appearance may harm its owner, it may harm his in-laws. So it is obligatory upon the woman’s guardian to look at religion and uprightness. If the Messenger ﷺ said regarding the woman:
Choose the religious, may your hands be rubbed with dust (i.e., may you prosper).فاظفر بذات الدين تربت يداك
Sunan Ibn Majah 1858Sahih (Darussalam)
, then it should be said similarly regarding the husband. It is said to the guardians: So take hold of those who have religion in marrying your daughters and sisters and the like.
So it is necessary to care for the woman who has religion, and likewise to care for the man who has religion. So the fact that he does not lengthen his garments is a virtue, this is a virtue and an excellence that should be a reason to bring him closer, not to distance him; because the Messenger ﷺ forbade isbal and said:
Whatever of the Izar comes below the ankles is in the Fire.ما أسفل من الكعبين من الإزار فهو في النار
Sunan an-Nasa'i 5331Sahih (Darussalam)
So it is not permissible for men to let their garments hang below the ankles absolutely, and if it is out of arrogance, it becomes greater and bigger. Likewise, if for example he wears the ordinary known shirt, or if his salary is not much, or if he does not shave his beard but grows it and cares for it, all these are virtues, excellences, and merits that should not be a reason to prevent the marriage. And the one who considers them a reason for prevention, this indicates a deficiency in his religion, a deficiency in his faith, a deficiency in his perception, and a deficiency in his performance of the trust.
And likewise, if his livelihood is not complete from the aspect of luxury and from the aspect of what people need today of more amusement, this is not a defect. The believer should care for religion and uprightness, and his attachment to wealth or to appearances should not be what is required, but this is an error and it is not permissible for the father or for any other guardian. As for the woman, if she goes to the judge to request the removal of the guardian who is lenient until the judge marries her, there is no harm. She has the right to go to the courts and request to be married to this good suitor, and that her guardian be prevented from controlling her for his desire and for deviated purposes, or for the purpose of boasting about spouses and wealth. All these are bad purposes, and their owner deserves to be removed and considered a withholding guardian for his woman. And if she is patient and does not go to the courts and says: Perhaps, perhaps, out of respect for her father and respect for her guardian, and out of fear of things that may worsen her outcome, there is no harm. In any case, this is up to the woman, she is the one who chooses. If she wishes, she goes to the courts to be married to the good suitor, the one who is deserving. And if she wishes, she is patient until Allah opens the way, and perhaps Allah will guide the guardian and he will marry this one or another. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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