One Who Is Not the Father by the Shari‘a Is Not the Guardian Either

Question

A woman left her husband and began living with another man. With her there is also a girl — from her own husband — and this girl’s nikah has not taken place. The village imam (and Qur’an teacher) refuses to perform her nikah, and the village people are displeased. So is her nikah permissible or not?

Answer

If the girl is a minor, her guardian is her father, and her nikah is not valid without his permission. The man with whom her mother lives unlawfully is not a guardian by the Shari‘a; he is not her father, and he has no right to marry her off. And it is haram for this woman to live with another man.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.