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What are the conditions that must be met by the guardian, and is it permissible to resort to a judge to handle the marriage if the father is unjust and the maternal uncles are unsuitable?

1 min readAlso available in العربية

A woman's father is the person most entitled to give her in marriage. No one other than the asabat (agnatic relatives) has guardianship, so the guardianship of maternal uncles is not valid. The mere fact that a father is unjust does not negate his right of guardianship, according to the preponderant opinion of jurists. However, if the father prevents his daughter from marrying suitable matches, she has the right to refer the matter to the Sharia court. If the judge confirms the obstruction, he will remove the harm from her by marrying her off, for the ruler is the guardian of those who have no guardian. One must beware of disobedience to parents and be dutiful and kind to the father, even if he abuses or oppresses, while supplicating for his guidance.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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