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IslamQA: It is permitted for Muslim women to marry if their guardian wrongfully prevents the marriage

i am a virgin woman of 35 and and my burning desire to marry a man of my choice and luckily i have found that man…but my family my guardian who is my brother does not in anyway recommend me to marry him…the person i m willing to marry is holding an upright character ,he is a religious man and a goverment office,he is hailing from a noble lineage..he is handsome…i truly love him and willing to marry him….m i supposed to go for court marriage and solemnize my nikah in the presence of two witnesses and magisterate who would act like WALI on my behalf…

If the man you mention is able to take care of you financially and if your brother has no good reason for refusing the marriage, then he loses his right to guardianship because he does not have your best interests in mind. In such a case, if the Muslim judge (a judge can be any knowledgeable person, such as an imam) investigates and finds that your brother is truly wrongful in preventing the marriage, then he can find a better person to act as your guardian (such as another relative, or himself). In such a case the marriage would be valid according to Islam.

However, keep in mind that going against your brother’s wishes could forever destroy your good relations with him, therefore before you go forward with the marriage, try to get your relatives involved and any imams you know in order to convince him to agree to the marriage. The Muslim judge should also try to reach out to him to convince him to agree. If he still does not, then you can still legally marry with the judge’s approval.

Sources:

And God knows best.
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