Can the Mosque Imam Act as the Marriage Guardian if the Woman’s Father Refuses the Marriage Due to Differences in Nationality or Because I Am a Student?

"There is no marriage except with a guardian."

"Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid."

Accordingly, it is not permissible to bypass the guardianship of the father and conduct the marriage contract through the mosque imam merely because the father does not agree.

"O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted."

"If someone whose religion and character you are pleased with proposes to you, then marry him."

Therefore, the difference in nationality between a Pakistani man and a Nigerian woman is not, in itself, an Islamic impediment to marriage. The same applies to a man not having obtained a university degree. However, consideration should also be given to his ability to provide financial maintenance, bear family responsibilities, and the legitimate benefits or harms that may result from the marriage.

"Do not prevent them from marrying their husbands when they agree among themselves in a lawful manner."

Adhl is the act of preventing a woman from marrying a suitable man whom she has accepted, without a valid justification recognized by Islamic law. If it is established that the father is unjustly preventing his daughter from marrying, then it is not permissible for him to continue preventing her, and she has the right to seek the removal of this injustice through the proper Islamic means. However, not every refusal by a father constitutes Adhl, as he may have a valid reason that is unknown to the suitor.

"If they dispute, then the ruler is the guardian of the one who has no guardian."

If the father's wrongful obstruction is established, guardianship transfers according to the recognized rulings of Islamic law. There is a difference of opinion among the jurists regarding whether guardianship transfers to the next eligible guardian in the order of guardianship or to the judge. As for countries where Islamic courts do not exist, the matter should be referred to a trustworthy Islamic authority consisting of people of knowledge and Islamic judicial expertise, so that they may examine the case and determine who should conduct the marriage contract when the grounds for doing so have been established. It is not permissible for the suitor to choose an imam himself to act as the woman's guardian while bypassing her lawful guardians.

"If he wrongfully prevents her from marrying, or makes these matters unnecessarily difficult, she may refer the matter to the court, if she is in a country where there is a court, so that the court may examine the matter and restrain the guardian."

"She does not have the right to marry herself off, because of the saying of the Prophet ﷺ: 'There is no marriage except with a guardian.'"

He explained that guardianship transfers to the next eligible guardian after the father if the father refuses to marry her to a suitable man whom she has accepted, and then to the judge if the guardians refuse.

"And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing."

"But let them who find not the means for marriage abstain until Allah enriches them from His bounty."

If the father refuses, the questioner should try to seek the assistance of righteous and knowledgeable people to bring about reconciliation and persuade him. He should not hastily accuse the father of wrongful obstruction, nor should he hastily conduct a marriage contract without a legally recognized guardian.