Who is the guardian (wali) of the American woman who wants to marry him while she is in Egypt, and is it better to inform her family or suffice with two witnesses?
The guardian of a woman in marriage is: her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then her full paternal uncle, then her paternal uncle (from the father's side), then their sons.
If the guardian is absent, the more distant guardian may marry her off according to the majority of scholars. According to the Shafi'is, the judge marries her off. If all guardians are absent, the judge marries her off by agreement of all scholars, based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid. If they dispute, then the ruler is the guardian of one who has no guardian."
The definition of a guardian's absence is being at a distance of qasr (shortening prayer distance), which is 85 km, according to the Shafi'is and Hanbalis. Ibn Qudamah chose that the reference is to custom. It is not necessary for the parents and children to know about the marriage; rather, the testimony of two just witnesses is required.
It is a condition for the guardian that he be of the same religion as the woman he is marrying off.
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