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The question

Who is the guardian of a divorced woman who has a 15-year-old son and has full and half-siblings? Is it permissible for her brother to marry her off without the consent of her son, or for her son to marry her off without the consent of her brother, bearing in mind that she follows the Hanbali school of thought and wishes to know the ruling according to Saudi judiciary?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Hanbalis are of the view that the wali (guardian) is the adult son, and he has the right to marry off his mother even if her brothers do not approve, as long as the suitor is suitable (kufu'). If the closest wali prevents the marriage ('adal), the guardianship transfers to the next in line. They also hold that if the closest wali marries off the woman to someone unsuitable, the more distant wali has the right to annul the marriage. However, Sheikh Ibn Uthaymeen is of the view that the more distant wali does not have the right to annul the marriage if the marriage contract is valid, even if the suitor is unsuitable.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
127466
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