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Fatwa CenterGirl Wants to Marry Without Parents' Consent
Question
Is it possible for the virgin Muslim female to marry a Muslim who is recommended and well known in the community by his good behaviour and morals if her parents refuse him for no reason? In that case, can she let any one of her relatives or even leader of the Muslims to be her "wakeel" to process this marriage, although her father is there?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
It is confirmed that the Prophet said: “Marriage is invalid without the consent of the guardian and the presence of two trustworthy witnesses.” [At-Tirmithi, Abu Daawood, Ibn Maajah, Ibn Hibbaan and Al-Bayhaqi]
There is no doubt that the father of the girl has the first priority among her guardians. So, if he refuses her marriage, then this is one of two cases:
1. He refuses to marry her off to a particular person. In this case, the daughter does not have the right to marry that person because she might not know the reasons for which her father refuses to marry her off to him.
2. He absolutely refuses to marry her off and rejects any person who proposes to her. In this case, she has the right to take her case to an Islamic court so that they would remove injustice from her and marry her off to someone whom she likes or whom the judge deems suitable for her, or that they would oblige her father to marry her off. All the above applies when the father is rational and sound. But if it is proven that he is foolish or senile, then he has no guardianship over her. In this case, it is the Islamic courts –if any –which would take charge of her. If there is no court available, then the Muslim community as a whole will be responsible for her marriage.
Allah knows best.
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