Is it permissible for the maternal uncle to be an agent in the marriage contract, and what is the order of the guardians of the matter in marriage? Is it valid for a father to authorize one of his sons to conduct the marriage contract while he is present, and if not, what is the ruling on marriages based on this premise? What is the ruling on a previously married woman marrying herself, given the Egyptian law that permits this after reaching legal age?
It is permissible for the woman's guardian (wali) to delegate another person, such as her maternal uncle or one of his sons, to conduct the marriage contract. The guardian must be sane, adult, free, male, and of the same religion. The most entitled guardians to give a woman in marriage are her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then the closest relative in lineage. If the guardian withholds consent (adhal) from his ward, the guardianship transfers to the next distant guardian. If guardians are equal in rank, some scholars are of the opinion that the elder and more virtuous should be given precedence, while others believe that the ruler determines this. The majority of scholars hold that there is no guardianship for uterine relatives (dhawi al-arham) in the absence of agnates (asabah), while the Hanafis permit this. Marriage is not valid without a guardian according to the majority of scholars.
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