The Father's Permission and the Age Factor in the Independence of a Virgin

Question

Is the father's allowance for her to manage her affairs as she sees fit considered a form of consent? And does age play a role in determining a girl's independence or maturity? [AR_ID:447]

Answer 1

Peace be upon you.

Sayyid Khamenei and Sayyid Sistani:

Since marriage to a mature virgin who is independent in her affairs is conditionally subject to the father's prior permission, it is necessary to obtain his consent in any form, whether explicit or otherwise, as long as it clearly indicates his approval. Therefore, if the father allows his daughter to manage her affairs and it is clear that he intends for her to be independent in both permanent and temporary marriage, this is sufficient. However, it should be noted that merely allowing her to act does not usually indicate that. Rather:

1- He may not intend for this permission to include marriage at all.

2- He may specifically want only permanent marriage, believing that temporary marriage could expose his daughter to harm in his view.

3- He may want only temporary marriage, believing that he has the right—at the very least—before others to have the final say in this matter.

Thus, the conclusion is that she must ascertain his approval, even through clear indications that demonstrate this, and the identification of this varies according to different societies, customs, fathers, and daughters.

It has become clear from the above that the criterion is the father's lifting of his guardianship over the girl or his permission for her to marry, and age does not play a role in this.

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Source:

Sayyid Khamenei: Special Inquiry.

Sayyid Sistani: Fiqh for Expatriates, Rules Related to the Virgin Girl.