What is the ruling on the marriage of a mother whose father has passed away and whose paternal uncle has married her without the approval or knowledge of her children? What is the order of her guardians, and is the children's aversion to this marriage considered disobedience? How should they position themselves regarding it?
Scholars have differed regarding who has the primary right to act as guardian (wali) in a woman's marriage, but they have agreed on prioritizing the son and brother over the paternal uncle. If a woman wishes to marry a suitable man and her guardian prevents her, she has the right to refer the matter to a judge. If the closest guardian withholds consent (adhl), does the guardianship transfer to the more distant relative or to the ruler (Sultan)? The preponderant view is that it transfers to the more distant relative. If a mother marries with the guardianship of her paternal uncle because her sons or brother withheld consent, her marriage is valid. However, if her paternal uncle marries her off without justification, there is a difference of opinion regarding the validity of her marriage. The more cautious approach is to renew the contract through the closest guardian, but if this would lead to a greater harm, then there is no objection to adopting the view of those who validate such a marriage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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