What is the ruling on a man marrying a woman whose guardian was her maternal uncle, while her father is deceased, and with the presence of the husband's father and her paternal uncle as witnesses? Is this marriage considered void? And what should be done in this situation?
The majority of jurists hold that a marriage is invalid without a guardian (wali). The maternal uncle (khal) is not among the guardians; rather, he is a relative by kinship (dhu rahm). If he is also a paternal cousin, then the paternal uncle (amm) is a closer relative. Therefore, according to the majority, this marriage is invalid and must be renewed with the wife's legal guardian, unless the maternal uncle was an agent for the guardian, or if the guardian consented and remained silent. As for the children, they are attributed to the husband. This marriage is valid according to the Malikis if a long time has passed and the wife has given birth, or if a Shar'i judge rules it to be valid, or if it is an adherence to the opinion of Imam Abu Hanifa. The testimony of the husband's father and paternal uncle regarding his son's marriage is valid, unless the paternal uncle is the guardian, in which case his testimony is not accepted.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/129225
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 129225
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy