Is it permissible for a divorced woman living in a Western country to obtain her brother's consent for her marriage over the phone, knowing that her brother lives in a distant country, and she will be the one to speak with him and ask for his consent?
For a marriage to be valid, the guardian's permission and presence at the contracting session are required, or a proxy authorized to act on his behalf. Mere consent is not sufficient. The woman's guardian is her brother if there is no one else with a prior right. As for the maternal uncle, he has no guardianship over marriage because he is not among the 'Asabat (agnates).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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