A 25 years old woman, Rose Bulus, on Thursday, dragged her father Josiah, to a Shari’a Court sitting in Magajin Gari, Kaduna State for refusing to allow her marry a man she loves. The complainant, who lives in Kaduna Central Area,  told the court that she converted to Islam, to marry the man she chose but her father refused.

“I want the court to compel my father to allow me marry the man I love and if he refuses, the court should do the needful’’, she prayed. Josiah, the father of the complainant told the court that he was not aware of his daughter’s relationship with any man and was surprised to see a court sermon.

Josiah  said: “the supposed suitor has never visited me to ask for the hand of my daughter in marriage,” he said.

The Judge, Malam Dahiru Lawal after listening to both parties, said “even though marriage is a union between a man and a woman, parent’s consent is equally needed before the union takes place.” He ordered the suitor and his people to appear in court. He adjourned the matter until March 4 for further hearing.

In the same vein, here are some of the judgments as preferred by some scholars in islam and sharia:

Firstly, it is not permissible for a man to marry a woman without the permission of her walee (guardian), regardless of whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafai, Maalik and Ahmad. They take as evidence (daleel) the words of the Prophet (peace and blessings of Allaah be upon him):

There should be no nikaah (marriage contract) except with a wali (guardian).

(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. It is saheeh, as stated in Irwaa al-Ghaleel,6/235, by al-Albaani, may Allaah have mercy on him).

And the hadeeth:

Any woman who gets married without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid. If her husband has consummated the marriage, then the mahr belongs to her in return for that. If she does not have a wali then the (Muslim) ruler is the wali of anyone who does not have a wali.

(Narrated and classed as hasan by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879).

Secondly: if her wali prevents her from marrying the person she wants with no shari reason for doing so, the guardianship passes to someone who is fit to be a wali, so it may pass from her father to her grandfather, for example.

Source: vanguard

Culled from: islamqa.info