would satisfy him as a dowry. He is therefore unlawfully preventing her marriage. If we were to say to her brother or paternal uncle, “Marry her off,” he would reply, “I cannot overstep the father.” In such a case, if the nearer guardian refuses, we turn to the one more distant than him. If all the agnatic relatives refuse, saying, “We cannot do it; we fear there may be trouble,” then the judge must conduct her marriage. If people were to apply this—which is legally prescribed, not objectionable—much evil would be curbed on the part of those fathers who prevent their daughters from marrying and openly sell them.
In short, our problem is that none of the relatives dares to marry her off while her father or brother is present. This is wrong and constitutes injustice toward this poor woman. In such a case, if her father refuses, as do all the agnatic relatives, and even the judge proves too cowardly, then we adopt the second opinion, which is the school of Abu Hanifah—an established school among the schools of the Muslims: she marries herself, and the problem is resolved. Though this would be rarer than red sulphur and is unlikely to happen, were it to happen, people would desist from exercising such control over their daughters.
More than fifteen years ago, some people told us of a girl who was near death. She was over twenty years old, had received many proposals, and was sought after by people, yet her father refused. In the throes of death, she said to the women present, “Convey my greetings to my father, and tell him: he and I have an appointment on the Day of Resurrection before Allah, for he prevented me from marrying.” This is a momentous statement made at the approach of death: she threatens her father with standing before Allah. We ask Allah for well-being. It is a grave and serious matter. Glory be to Allah! A man knows of himself that he