❀ Question:
A woman had a court marriage, which led to her being disowned by her family. Several years later, she was divorced and now lives alone in Dubai with her children. She says a man wants to marry her, but she is concerned for her and her daughter’s dignity and safety. No family member has contacted her in years. Can she proceed with marriage?
❖ Answer by:
Al-Bāḥith al-Faḍīl Dāʾūd Ismāʿīl (حفظه الله)
◈ Ruling:
Islamically, it is required to contact the woman’s guardians (awliyāʼ) to arrange the marriage.
➤ If the guardians refuse or show unwillingness to facilitate the marriage without valid Shar‘i reasons,
➤ Then their guardianship (wilāyah) becomes nullified (sāqiṭah).
In such a situation, the marriage may be conducted through:
✔ The Shar‘i court or
✔ A qualified Islamic authority acting as a guardian.
وَالله أَعْلَم
◈ Summary:
① Attempt to contact the legal guardians (father, brother, etc.) for marriage.
② If they refuse without justification or do not respond, their role as guardians is revoked.
③ She may then proceed with the marriage through a court or Islamic representative.
④ This process ensures the validity and protection of the marriage in accordance with Islamic law.
