If a suitor has good religion and character, he should not be rejected due to tribal or social status. The Prophet ﷺ made no such condition. If the guardian blocks a suitable marriage, the woman may complain to a judge, and the guardian may lose his authority.
What is your advice for he who withholds his daughter from marriage under the excuse that he wants [her to marry someone] from the same tribe and of a particular class, and this provides the basis for a lack of women being married off up until they progress [considerably] in age. So what is your advice?
The Prophet ﷺ said, “If a suitor approaches you, whose religion and character pleases you, then marry [your female relative who is under your care] to him..” He did not make the tribe a condition. So if a suitor comes who is sufficient in his religion and character then marry him, and if his linage doesn’t please you, then – all praise is due to Allah ﷻ, there are many other religious and good people from other tribes. It is not obligatory that you only marry someone from your tribe. Therefore, if a competent suitor comes and the wali [guardian] rejects him, it is permissible for the woman to complain to the judge, and the judge will remove his guardianship over her and place her under the authority of a [suitable] relative/people. And know that just as he has prohibited her of her needs, he is subject to the sins. As he is in need of women, so too is she in need of a husband. She is in need of that which will satisfy her. So it is not permissible to do this and upon him is to fear Allah ﷻ with regards to this woman. Allah ﷻ said,
۞ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ ۗ
“Do not prevent them from marrying their husbands, if they mutually agree on reasonable basis.” (Q 2:232)
September 24, 2023
2 mins read
