A girl who has experienced illegal entry is asking if she can marry herself without her father's permission. The question also addresses whether a girl who is a virgin and of sound mind, but lives with her father, can marry without his consent. If it is advised that she should seek permission, who are the knowledgeable authorities to refer to?
[AR_ID:5129]
🤖
AI Notice: This translation was generated by AI and is currently awaiting human verification.
1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
- A virgin is defined as one who has not lost her virginity through a valid marriage contract. It is obligatory to seek the permission of her guardian (wali) in such cases. As for a woman who has lost her virginity through a valid marriage contract, she is considered a 'thayyib' (non-virgin).
In this case, the girl remains a virgin, and it is obligatory to seek permission from her father or paternal grandfather, regardless of her independence. The marriage contract cannot be validly executed without the consent of one of them.
Ayatollah Sistani (may Allah protect him):
A virgin is one who has not been entered by her husband. If a woman marries and her husband dies or divorces her before consummation, she is still considered a virgin. Similarly, if she lost her virginity through means other than sexual intercourse, such as an accident, she is still regarded as a virgin. However, if she lost it through illicit relations or questionable intercourse, she is treated as a virgin.
Thus, in this case, the girl is still a virgin, and for her to marry, the consent of her father or paternal grandfather is required if she is not independent in her affairs. If she is independent, it is still obligatory to obtain the consent of one of them.
Ayatollah Khamenei and Ayatollah Sistani (may Allah protect them):
Regarding identifying the most knowledgeable authority after the one you follow, we apologize for not being able to determine who is more knowledgeable than others. However, you can ascertain the most knowledgeable through the methods mentioned by scholars, and we will guide you through the following questions:
Question 206: How is the knowledge and authority of a religious leader established?
May you be successful in all good.
Source:
Ayatollah Khamenei (may Allah protect him): Special Inquiry + Official Website
Ayatollah Sistani (may Allah protect him): Minhaj al-Salihin, Vol. 3, Section 70 + Fiqh for Expatriates, Marriage to a Non-Virgin Girl + Official Website.