I am a muslim aged 28. My father is against my Nikah and my mother died a year ago. Before she died she had chosen a suitable marraige partner for me and discussions were ongoing. Unfortunately she died before anything could be finalised. The problem I am facing is my father, he has never taken an interest in our future. He also does not choose to live with us and since my mother died has not taken care of us or helped us in any way. He is against the wedding because he has no interest in our future. The mans father has aproached him several times for his permission but he refuses to give it He also refuses to give permission to the imam at the local mosque so that he may overtake any legal duties during the nikah i.e act as a guardian. Thus, my question is, if the father is not willing, can I still go ahead with my nikah having my brother who is 23 or male relatives from mother’s side i.e. mothers brother, mothers father etc as my guardians.
I have been told that I do not need my fathers permission BUT that later after I am married, if my father chooses to, he can contest the nikah in islamic court and have it nullified, and that this is his islamic right as my father. I would be very grateful for any advice or guidance
Yes. You can go ahead with the nikah with your other relatives present even if your father does not want to participate in it. As far as my understanding of the Shari`ah is concerned, your nikah, even if your father chooses not to participate in it, cannot be contested. However, to avoid any future complications, I would recommend that you get the advise of an expert of the local law as well.