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The question

Does the guardianship of a girl transfer to her elder brother without resorting to the judiciary and without informing people about her father's disobedience, if the father refuses to attend his daughter's marriage contract for unknown reasons? And is it necessary to inform the marriage officiant about the reason for the brother assuming guardianship, or is it permissible to lie to him? And is it permissible for the brother to appoint his maternal uncle to conduct the marriage contract if guardianship has transferred to him without a judge?

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

It is permissible for the father of the woman to appoint another person to solemnize the marriage of his daughter, provided that the proxy is qualified for guardianship. There is no objection to appointing a proxy via telephone. If the father refuses to marry off his daughter or appoint a proxy, and the suitor is suitable, then he is preventing his daughter from marrying. In this case, guardianship transfers to the next closest guardian, such as the brother, without the need to refer to a ruler, according to some scholars. It is not necessary to inform the marriage officiant of the reason for the brother assuming responsibility for the marriage contract, and dissimulation (tawriyah) can be used. If guardianship transfers to the brother, he may appoint the woman's maternal uncle or another person, provided they are qualified. The daughter must honor her father and treat him with kindness.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
129928
Imported
Translation status
Source text, unreviewed
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