Islam Question and Answer - Does she have to execute her father's will that she should marry her cousin (son of her paternal aunt)

Sun 9/7/1434 - 19/5/2013

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Fiqh of the family

Does she have to execute her father's will that she should marry her cousin (son of her paternal aunt)

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My father (may Allaah have mercy on him) left a will saying that I should get married to my paternal cousin, but my father did not ask me before he died about my opinion concerning this person, because he got sick and then he died, which prevented him finding out my opinion. As for the person concerned, I told him frankly when he brought up the subject with me that I had nothing for him but feelings of brotherhood and kinship. Am I going against sharee’ah? Is it disobedience to my father if I do not marry this man? Please note that my heart is inclined towards another relative who respects me and is kind to me.

Praise be to Allaah.

You do not have to execute the will mentioned, because the Prophet (blessings and peace of Allaah be upon him) said: “A virgin should not be married until her permission is sought.” According to another version: “The virgin should be asked for permission by her father, and her permission is her silence.” We advise you to ask Allaah for guidance and pray istikhaarah, and consult those whom you trust among your relatives and others who know both people. May Allaah make all good easy for you. End quote.

Majmoo’ Fataawa Ibn Baaz, 20/101