Is a marriage, the contract of which was officiated by the maternal uncle—due to the absence of a brother or close paternal uncles—religiously valid or void? And what must be done if it is void, keeping in mind that Algerian law accepts the maternal uncle as a legal guardian?
It is not permissible for anyone to attribute themselves to other than their father, based on Allah's saying: (Call them by [the names of] their fathers; it is more just in the sight of Allah), and the Prophet, peace and blessings be upon him, said: (There is no man who knowingly attributes himself to other than his father, except that he has disbelieved). Therefore, there is no sin upon one who attributed themselves to other than their father out of ignorance, but the error must be corrected and the true lineage recorded in official documents. If that is not possible, then the truth of the lineage must be publicized among relatives and those in the surroundings.
For a marriage to be valid, it is a condition that it be عقد by the woman's guardian (wali) or his agent, based on the Prophet's saying, peace and blessings be upon him: (There is no marriage except with a guardian) and (Any woman who marries without the permission of her guardian, her marriage is invalid). The woman's guardian is her father, then his father, then her son, then her brother, then their sons, then the paternal uncles. The maternal uncle is not a guardian in marriage, so it is preferable to re-perform the marriage contract with the knowledge of the paternal uncle. If that is not possible, then the contract is valid according to some imams, especially in Islamic countries that adopt this view.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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