Islam establishes marriage upon the foundations of religion, character, and compatibility, not ethnicity or tribal lineage. The Prophet ﷺ said: “If there comes to you one whose religion and character you are pleased with, then marry him.” This hadith makes clear that righteousness and good character are the primary criteria for acceptance of a marriage proposal.

When a walī refuses a suitable proposal for reasons that are not Islamically valid—such as ethnicity, tribe, social status, or cultural preference—this refusal is described in Islamic law as ʿaḍl (unjust obstruction). Allah تعالى condemns such obstruction, saying: “Do not prevent them from marrying their husbands when they agree between themselves in a lawful manner.” This verse establishes that guardianship is a responsibility, not a tool for control or cultural enforcement.

According to the majority of scholars, if a father or primary walī persists in unjust refusal despite the suitability of the suitor, guardianship does not disappear, but it transfers. The order is that guardianship moves to the next eligible male walī from the paternal relatives. If all eligible guardians either refuse unjustly or are unavailable, then authority transfers to the Islamic judge or his representative.

The Prophet ﷺ said: “The ruler is the walī of one who has no walī.” Scholars explain that in places where there is no Islamic judge, a qualified imam or recognized Islamic authority may act in this role to prevent harm, injustice, and prolonged hardship.

It is important to emphasize that this step should not be taken hastily or emotionally. Islam strongly encourages continued respectful dialogue, mediation, and involvement of elders or scholars to soften hearts and remove cultural barriers. However, when prolonged obstruction leads to real harm—such as fear of falling into sin, emotional distress, or loss of a lawful marriage opportunity—Islam does not require a woman to remain indefinitely blocked by unjust conditions.

Therefore, if it is firmly established that the refusal is solely based on ethnicity and tribe, that the suitor is religiously and morally suitable, and that sincere efforts at reconciliation have failed, it is permissible for the nikāḥ to be conducted with an imam acting as walī, provided this is done responsibly, transparently, and with proper witnesses.

Summary ruling:
If a father unjustly refuses a suitable marriage proposal solely due to ethnicity or tribal preference, and reconciliation efforts have failed, guardianship may transfer, and an imam may act as walī to conduct a valid nikāḥ in order to prevent harm and injustice.