In landmark judgement, court orders marriage of a woman after her guardian refuses

Published: 25 March 2025

A woman’s marriage is a right that her guardian may not prevent, says court

NT Bureau

DOHA: The Family Court of Appeal has ruled that a woman’s guardian had obstructed her marriage, and lifted his guardianship over her.

She was allowed to marry the man who proposed to her, and the family documentation judge at the Family Court was authorized to conduct the marriage contract under his guardianship in accordance with the law, Al Sharq reports.

The court overturned a lower court ruling dismissing the case.

The facts indicate that a woman filed a lawsuit before the Family Court of Appeal, requesting a ruling to prevent her guardian from obstructing her marriage, and for the judge to appoint a guardian to marry her.

A suitable person had proposed to her, and she wished to marry him, but the guardian refused to complete the marriage because he was from outside her family, which prompted her to file the lawsuit seeking a ruling in her favour.

The lower court dismissed her lawsuit, but the appellant did not accept this, and so she appealed it and requested that the first instance ruling be annulled, that her requests be considered, and that she be permitted to marry.

Lawyer Suha Sand Al-Mahendi, the plaintiff’s legal representative, submitted a legal memorandum, accompanied by the evidence and documents proving her right to the marriage decision.

The case was referred to the Family Reconciliation Office for reconciliation between the parties, but it later became clear that reconciliation was not possible.

A friend of the prospective husband testified before the court, stating that he affirmed the moral and religious fitness of the prospective husband and his good lineage. The judgment stated that the relationship between a man and a woman is complementary, and that a woman’s marriage is a right that her guardian may not prevent her from, nor may he reject suitable suitors.

Preventing a woman from marrying without a valid Shari’a-compliant reason has negative repercussions for society as a whole, and for both men and women alike. Its negative effects lie in obstructing the legitimate benefits of marriage, such as achieving tranquility and affection between spouses, diverting the sexual instinct towards achieving religious and physical well-being, and creating a righteous family and good offspring, which can only be achieved through marriage.

Obstructing these benefits creates painful conditions, leading to the emergence of moral deviations and the exposure to corruption, especially in this age where the causes of temptation have become abundant.

For this reason, Islamic law forbids a guardian from obstructing his ward from marriage without a Shari’a-compliant justification, the court said.