Back to search
The question

What is the ruling on a previously married woman marrying under the guardianship of her brother without informing her father and without full public announcement? Is the brother's guardianship valid, and is it permissible for the brother to appoint someone to complete the contract?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The preponderant opinion is that it is not permissible for the brother to conduct the marriage as long as the father is present. However, if the father is in another country, he may authorize the brother or someone else to conduct the marriage of his daughter. Similarly, it is permissible for the groom to authorize someone to accept the marriage on his behalf in the bride's country, or for the guardian to authorize someone else to perform the marriage in the groom's country. If the marriage is conducted through the guardian in the presence of two witnesses, without publicizing it, it is valid according to many scholars. Ibn Qudamah said: "If he contracts it with a guardian and two witnesses, and they conceal it, or agree to keep it secret, that is disliked, but the marriage is valid."

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
190339
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy