I am a 32-year-old woman and I have not been married before. Now a righteous man has come to propose to me, but my family are rejecting this man because he is Sunni. Please note that my family are Shi’ah, but I have been a Sunni since a young age. Is it permissible for me to marry without the approval of my family or my mother?.
Praise be to Allaah.
Firstly:
We praise Allah
for having brought you out from darkness to light and having guided you to
the truth. This is a great blessing, so strive to give thanks for it by
adhering to it, calling others to it and appreciating it.
Secondly:
A woman does not
have the right to give herself in marriage. Rather it is essential that she
be given in marriage by her guardian; otherwise her marriage contract is
invalid. This is the view of the majority of scholars, and indeed no
difference of opinion concerning that is known among the Sahaabah (may Allah
be pleased with them).
If the situation
is as you say, and there is no one of your family who is following the
correct beliefs, and your family believe that the Qur'aan is distorted, that
the Sahaabah are disbelievers and their imams are infallible, and they
slander ‘Aa’ishah and follow other beliefs that constitute kufr, and they
refuse to let you marry a righteous man who is a Sunni, then their
guardianship of you is waived, because of the difference in religion between
you and them on the one hand, and their preventing you from marrying a
compatible suitor on the other. Either one of these reasons is sufficient to
waive their guardianship of you with regard to your marriage.
Based on that, you
can get married without their consent. Refer your case to the shar’i judge
so that he may arrange your marriage. If there is no shar’i judge, then a
man of good character among the Muslims in your country, who has some
standing and position of authority over the Muslims, may arrange your
marriage.
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