Can I Marry a Woman Without Her Family’s Permission If They Abused Her?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

Can I marry a Muslim woman without her family’s permission if they are non-Muslims who abused and neglected her?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

If her parents are uncontactable due to the above-mentioned reasons, look for the next guardian in line. The following is a list of guardians:

Guardians (Wali)

  • Father
  • Great Grandfather
  • Stepbrother
  • Grandfather
  • Blood brother
  • Nephew
  • Uncle. [Ibn ‘Abidin, Radd al-Muhtar; Maydani, al-Lubab fi Sharh al-Kitab]

If no one is available to act as a guardian, it is advisable to involve a local scholar throughout the process and appoint him as the woman’s general guardian. This arrangement will help protect her from potential harm and prevent any inappropriate situations.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.