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 proved through a sound Hadeeth that the Prophet , said: “Marriage is invalid without the Walee (guardian) and two trustworthy witnesses.”
No doubt, the father of the girl has the first priority among her guardians. His refusal to give permission for marriage would mean one of two things:
1. He refuses permission to marry her 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 to him.
2. He refuses the idea of marriage entirely and denies every person who proposes to her. In this situation, she has the right to plead in an Islamic court to protect herself from injustice. The court could marry her either to the one she wants to marry, or the one who suits her, or the court could force her father to arrange her marriage. All the mentioned rules apply when the father is wise and reasonable. If it is proven that he is foolish or incompetent then he would not be a suitable guardian and the Islamic court 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.
-islamweb.net
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