I read Dr. Saeed Al-Suraihi’s article entitled “If the Judiciary Were Fair to Them,” published in Issue No. 16075 dated 21/9/1431H, in which he discussed cases where fathers prevent their daughters from marrying suitable men who have proposed to them.
The article suggested that our courts do not adequately support or protect women in such cases, that decisions are delayed, and that a father who is proven to have wrongfully prevented his daughter from marrying should be punished.
In response, and based on my practical experience in handling such cases—and in the spirit of the saying, “Ask someone with practical experience, not merely a physician”—I would like to clarify the matter from a legal perspective.
Cases involving wrongful prevention of marriage by a guardian, known in Islamic jurisprudence as ʿaḍl, are among the matters that receive the attention and consideration of our courts and judges, who are generally keen to avoid unnecessary delay in resolving them.
Any woman may file an ʿaḍl claim against her guardian and identify the man who proposed to marry her but whose proposal was rejected by her father.
The judge will summon the guardian and ask him to explain the reasons for refusing to allow the marriage to the specified suitor.
The father cannot successfully oppose the claim unless he presents legally acceptable evidence challenging the suitability of the prospective husband, particularly with regard to his religious commitment and trustworthiness. This is because the general principle is that Muslims are presumed to be of good character unless proven otherwise.
Accordingly, in such a case, the court does not require the woman to provide evidence establishing the prospective husband’s suitability.
If the father is unable to provide sufficient evidence, continues to refuse the marriage, and does not respond to the judge’s advice, the court may remove his guardianship authority and proceed with arranging the woman’s marriage.
By Allah, this is in itself one of the most serious consequences for the guardian: for a judicial decision to remove his guardianship authority and transfer it to one of the woman’s brothers, or for the judge himself to assume responsibility for completing the marriage contract.
I say this based on direct professional experience in more than three ʿaḍl cases in which I personally acted as legal counsel.
All of these cases received the judges’ attention, were decided without delay, and ultimately resulted in the women being permitted to marry the men who had originally proposed to them.
