Back to search

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?

1 min readAlso available in العربية

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

Read the full answer on Ftawy