To whom does the guardianship of a girl's marriage fall in the event of her parents' separation and the estrangement of her paternal uncles? Is it permissible for her maternal uncle who resides in another country, and what is the ruling on the attendance of her father who does not follow Allah's law?
The guardian's permission is not a condition for the engagement (khitbah); a man may propose directly to a woman, and her answer is considered valid. However, the guardian has the right to refuse if the girl is being coerced, but if she is not coerced, she has more right to herself. The guardian's permission is a condition for the marriage contract (nikah), and the guardian's unrighteousness does not negate his guardianship. If the guardian refuses to marry her to a suitable suitor, she may refer the matter to the judge to marry her. It is obligatory to honor and be dutiful to parents, and part of this dutifulness is to teach them matters of religion and advise them gently. It is permissible for the maternal uncle to attend the engagement, but he does not have the authority for marriage unless he acts as an agent on behalf of the father.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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