Is the guardian in the marriage contract of a girl whose father has passed away her paternal uncle or her maternal uncle? And if it is the paternal uncle, is the guardian the eldest paternal uncle? And is it permissible for another paternal uncle or a maternal uncle to undertake the marriage contract if the eldest paternal uncle is traveling or negligent? And if the girl’s mother brings one of her brothers (the girl’s maternal uncle), would he be the legal guardian?

If the guardians are equal in rank (such as paternal uncles), some are of the opinion that the elder and better among them should be given precedence, while others hold that the ruler is the one who chooses who should solemnize the marriage contract. In any case, it is valid for any of them to solemnize the contract.

The maternal uncle has no guardianship in marriage by the consensus of scholars if the woman has 'asabah (agnates, such as a paternal uncle). If she has no 'asabah, the majority opinion is that he has no guardianship, while the Hanafis have validated that he does.

Therefore, if a girl has both a maternal uncle and a paternal uncle, the marriage contract should be solemnized by the paternal uncle, not the maternal uncle.