Is the father's presence required as a guardian for a divorced woman who has not consummated her marriage and whose father does not live with her?
There is no need for the contract to be concluded in the presence of a judge. It is sufficient for your father to conclude it in the presence of two witnesses. As long as your father is alive, he has the most right to give you in marriage. He may appoint someone to act on his behalf if he does not wish to attend. Guardianship does not transfer from him unless his refusal is proven in court. Therefore, the solution is for your father to conclude the contract in his country in the presence of two witnesses, or to appoint someone to do it, or for the judge to send [the contract] to him. If he then refuses, the guardianship transfers to the one who has more right to it after him, and your brothers take precedence over your paternal uncles.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/99386
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 99386
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy