Who is the woman's guardian (Wali al-Amr) who has the right to marry her off? And must he be from the father's side, even if the father's family refuses to marry her to a specific person without reasons? And is it permissible for the maternal uncle to be her guardian in the event that the courts reject him, given that he has been responsible for her affairs since childhood?
There is no guardianship in marriage for anyone other than the 'Asabat (agnate relatives, who are the male guardians who inherit from the woman), and the maternal uncle is not among them. Their guardianship is not forfeited by the woman's lack of knowledge of them, nor is guardianship established for her maternal uncle merely because he is taking care of her. If a competent guardian prevents marriage without a legitimate reason, he is considered an 'aadil (one who unjustly withholds consent), and the woman has the right to refer the matter to a judge to marry her off. If the guardian's absence is prolonged and his whereabouts unknown, his guardianship is forfeited and transfers to the next in line, or to the ruler according to some scholars.
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- Original fatwa ID
- 150400
- Imported
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