The World Federation One Stop Fiqh
Search
Menu

Ruling 2396*

If a girl is not a virgin, or if she is a virgin but her father or paternal grandfather totally prevent her from marrying every individual who is legally (sharʿan) and commonly considered appropriate for her, then it is not necessary for her to obtain their consent. Furthermore, if they are not at all prepared to participate in her getting married, or if they are not competent to give their consent because of insanity and suchlike, then in these cases, their consent is not necessary. Similarly, if it is not possible to get their consent because they are absent for a long time or some other reason, and if the girl has a great need to get married at that time, the consent of her father or paternal grandfather is not necessary. It is worth mentioning that this ruling is related to permanent marriage, and based on obligatory precaution, it does not include temporary marriage.

  • Commentary

    This ruling changed in March 2022. The previous version of the ruling was as follows:

    “If a girl is not a virgin, or if she is a virgin but her father or paternal grandfather totally prevent her from marrying every individual who is legally (sharʿan) and commonly considered to be appropriate for her, then it is not necessary for her to obtain their consent. Furthermore, if they are not at all prepared to participate in the matter of her getting married, or if they are not competent to give their consent because of insanity or suchlike, then in these cases, their consent is not necessary. Similarly, if it is not possible to get their consent because they are absent or because of some other reason, and if the girl has a great need to get married at that time, the consent of her father or paternal grandfather is not necessary.”