What is the primary legal guardian for a girl who has no full brothers, no paternal half-brothers, no paternal uncles, whose father is deceased, whose mother is deceased, and who lives under the care of her stepfather who refuses to marry her off because he benefits from her salary? Is it permissible for her maternal half-brothers to marry her off, especially since the judge is a Twelver Shiite who does not rule by the Qur’an and Sunnah?

For a marriage to be valid, it must be contracted by the guardian (wali) or his agent, based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian and two just witnesses," and his saying: "Any woman who marries without the permission of her guardian, her marriage is void." The female's guardian is: her father, then his father, then her son, then his son, then her full-brother (from both father and mother), then her half-brother (from father only), then the sons of brothers, then her paternal uncles, then their sons, then the ruler (Sultan). The mother's husband is not a guardian for the girl. Similarly, her maternal half-brothers are not guardians for her according to the well-known opinion, because guardianship is only within the 'asabat (agnatic relatives). If a woman has no guardian, the Muslim judge marries her. If there is no judge, then the Imam of the mosque, or a scholar from among the scholars, or a just Muslim man marries her. The maternal half-brother is more entitled to marry her off than the Imam of the mosque and others. Therefore, her maternal half-brother should contract her marriage after her permission and consent.