Is it permissible for the husband of the girl’s maternal aunt to be her guardian in marriage, based on a recommendation from her deceased father, given the presence of her paternal uncles and their sons? And would the marriage be invalid if it were to proceed under this guardianship?

Scholars have differed regarding the establishment of guardianship (wilayah) over marriage through a will (wasiyyah):

- The Hanafis, Shafi'is, and Ahmad (in one narration) held that guardianship over marriage is not established by a will, and that the right to marry off the female ward after the death of her guardian belongs to her 'asabah (agnatic relatives). - The Malikis and Hanbalis held that guardianship over marriage is established by a will. - Sheikh Ibn 'Uthaymeen preferred the view that guardianship over marriage is not acquired through a will, because it is a legal guardianship that lapses upon the death of its holder. - Based on this, the marriage contract concluded by the executor (wasi) is a matter of differing opinions. If the contract has been concluded, it is not invalidated. If it has not yet been concluded, then one of the paternal uncles should conclude it. In case of dispute, recourse should be made to the Sharia court.