Is the guardianship of the maternal uncle valid if the judge decrees it due to the father's innovation (bid'ah), and how is the marriage conducted with the presence of this guardian?
A woman's guardian (wali) 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 paternal uncles. The majority of scholars do not consider the maternal uncle to be a valid guardian in marriage.
If the father is unfit to exercise guardianship, the guardianship transfers to the next closest guardian in the aforementioned order. If she has no suitable guardian, a Muslim judge may marry her off with her permission, and he may appoint someone to conduct her marriage contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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