Re: Shia father and suni mother
@chikri Since you quote islamic references, here are a few for your friend from SUNNI references:
Firstly: it is not permissible for a man to marry a woman without the permission of her walee (guardian), regardless of whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa’i, Maalik and Ahmad. They take as evidence (daleel) the words of the Prophet (peace and blessings of Allaah be upon him):
And the hadeeth:
Secondly: if her wali prevents her from marrying the person she wants with no shar’i reason for doing so, the guardianship passes to someone who is fit to be a wali, so it may pass from her father to her grandfather, for example.
Thirdly: if all her guardians prevent her for no shar’i reason, then the (Muslim) ruler will be her wali, because of the hadeeth,*** “…If she does not have a wali, then the (Muslim) ruler is the wali of anyone who does not have a wali.” ***The “ruler” here means the judge who rules according to sharee’ah.
Prophet (peace and blessings of Allaah be upon him) commanded walis not to prevent the marriage of the woman whom Allaah has placed under their care if a suitor whose religious commitment and character are good comes to propose marriage. He said:
Men do not need a walee
So this way or that a Walee is needed and since her father is alive, it is him. however to change walee despite father being alive, one needs to refer the case to shariah court and/or do a court marriage.
Jazak Allah but you forgot to copy the other half which was needed more.
when they claim that the daughter has no need to get married! What does this poor man understand about need? Doesn’t he know that people need comfort, love and compassion, and that they have natural needs that Allaah has created in them, by His wisdom, may He be glorified? The woman’s wali has to fear Allaah and understand that preventing his daughter or sister from getting married to a compatible suitor who is pleased with her is regarded as wrongdoing and transgression and implies that*** he is an evildoer (faasiq)*** whose good character is sullied and whose testimony is to be rejected.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
If the wali refused to let a woman marry a man whose religious commitment and character are good, then guardianship passes to the next closest male relative on the father’s side, then the next closest and so on. If they refuse to arrange her marriage, as usually happens, then guardianship passes to the qaadi, and the qaadi should arrange the woman’s marriage. If the matter is referred to him and he knows that her guardians have refused to arrange her marriage, then he should do that, because he is the wali in cases where there is no specific wali.
*
The fuqaha’ (may Allaah have mercy on them) stated that** if the wali repeatedly refuses marriage proposals from suitable men*, *then he is a faasiq (evildoer) *and is** no longer regarded as*** being of good character or as being a wali, rather according to the best known view of the madhhab of Imam Ahmad, he also forfeits the right to lead prayers and it is not valid to offer any congregational prayer behind him. This is a serious matter. *
Allaah revealed these words (interpretation of the meaning):
“do not prevent them from marrying”
**[al-Baqarah 2:232]
** and in my previous posts i did mention that local Imam has already said that her wali has been refusing marrying her for last 6 years for no valid reason and she can marry *without *her wali. As all of the paternal and maternal relatives want her to get marry as she's the only one left in the both families.