Darul Iftaa Mahmudiyyah

Who has more right to approve/reject a marriage offer for a girl whose father is dead: her mother or her stepfather? The father's relatives are absent (overseas).

· 15 Dhuʻl-Qiʻdah 1421 AH1 min readFatwa 2242English

Question

In this case, the stepfather insists on an Arab husband only. The mother and girl prefer a non-Arab religious brother who has proposed. The stepfather refuses the girl and mother to contact the non-Arab brother any more, because of his race. Is this his right? Can they disregard him?

Answer

If there is no way to contact or discuss with the father's male relatives in time, then the right of guardianship (Wilaayat) rests with the mother in their absence. (Shaami vol.3 pg.78; HM Saeed)

However, since this is a delicate issue, one should not make hasty decisions as this may have disastrous consequences. We advise that the merits of Mashwarah (taking counsel) and Istikhaarah (seeking Divine guidance - check site for details) be discussed with the family and then decide.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/2242
Fatawa SA: https://fatawa.co.za/fatwa/askimam-2242

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