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Fatwa CenterHer father refuses to let her marry anyone from a non-Mulsim country
Question
Dear Sheek, My step sister used to live with us in UAE when she was 4 years old. She then left with her mother to England (where her mother's muslim family lives, and they never came back due to problems between the two families). My father never divorced her mother, as he expected them to come back and he was told it was only a visit to her parents. 20 years later, a muslim man who is considered to be decent arab according to my step sister came to marry my sister. My father never approved him or anyone from that non muslim country. He stated that his daughter should come and live in UAE with him, and whoever wants to marry her should come to him. He also mentioned anyman living in non-muslim country is not accepted as he wants his daughter to marry a man living in a muslim country and live forever in a muslim country and raise their kids in a muslim country. My father doesn't want to prevent her from marrying forever, he just wants her husband to be a man who is living in a muslim country. My sister is not presuaded with this justification and she wants to go ahead with the marriage despite my father's disapproval claiming that the chosen man has a good deen and father has no excuse to prevent them from marrying each other. Can my step sister go ahead with the marriage ? Does my father have a justified reason to stop this marriage? He claims he is not forcing her to marry anybody from UAE, she has to approve it after all.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The conduct of parents in regard to the affairs of their children is supposed to be for safeguarding the interests of the children. In general they are affectionate and kind towards their children and keen to help them achieve their interests, whether this is in regard to the man to whom they would marry their daughter off to or otherwise. Therefore, if your father does not agree that your sister marries in a situation which he thinks can have disadvantages, then he is not considered as preventing her from marriage without a sound reason, especially if your father is pious and righteous.
Indeed, there are many disadvantages in residing in non-Muslim countries. Therefore, your sister is not permitted to relinquish your father's guardianship and marry without his consent. The Maaliki jurists 
are of the view that if a guardian rejects a competent and suitable man who proposes to marry his daughter for a reason which he considers valid, and the daughter claims that her father has no sound reason for refusal, then it is his statement that should be taken into account, and she has to prove what she claims in case the guardian is among the people of righteousness.
Finally, it should be noted that it is known that in those (non-Muslim) countries the father has no authority over his children and that this daughter may marry without the consent of her guardian, in which case, she would be involved in an invalid marriage according to the view of the majority of the scholars who condition the consent and presence of the guardian when marrying off a daughter; and this is the preponderant opinion which we adopt here in Islamweb. Therefore, if it is predominantly thought that this would happen, then it is more appropriate for the father to agree that she marries that man if he is competent and suitable.
Allaah Knows best.
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