Salam everyone. I will come directly to the point. I want to know that what are the girls right in islam if girl wants to marry a muslim person of her own choice. But parents are not accepting her decision. Without any reason. That person has respectfully send his parents and asked for their daughters hand but they did not agree. Now trying to convince her parents she waited for 2 years. Now the question is that she is on her own now as muslim a girl needs WALI but in her case no one is there for her help. So in that case can she marry that person without wali or making someone else her wali? (not from her family ofcourse as they are against it). She tried her best to convince them but they are refusing just beacuse its her choice and they dont consider it good that girl choose her partner. So please enlighten me in this case that what can she do?
2 Answers
What you finally are asking for is not about human rights but some kind of self-justice which is clearly prohibitted in Islam.
A girl can't marry herself in Islam as per the majority of scholars and only a matrone (an experienced woman) could do so as per the hanafi madhhab.
If the girl can't convince her parents or more exactly her father which is her guardian, she has only legal options one of them is if the reasons for the refusal are non-Islamic for example this guy is drinking alcohol or not a practicing Muslim or from a different tribe, race or social class then she can go to a court and ask them to lift the guardianship from her father and give it to somebody else.
On the other hand one must have in mind that parents have much more life experience than a young girl and they certainly want the best for their daughter.
Aisha (R.A) reported: I asked Allah's Messenger (Peace Be Upon Him) about a virgin whose marriage is solemnized by her guardian, whether it was necessary or not to consult her. Allah's Messenger (Peace Be Upon Him) said: Yes, she must be consulted. 'Aisha (R.A) reported: I told him that she feels shy, whereupon Allah's Messenger (Peace Be Upon Him) said: Her silence implies her consent. (source)
By this, we can clearly say that no one is allowed forcing a girl to marry or not to marry anyone, not even parents. Rest Allah subhanahu wa ta'ala knows the best.
