Was the decision to replace the guardian with his younger brother correct? What are the legitimate criteria for what is considered just or inappropriate for assuming the role of guardianship? Do the guardian's personal circumstances, such as not being married or having a child out of wedlock, affect his eligibility? Is it permissible to renew the marriage contract as long as the first guardian objects to and rejects the decision?
First: Marriage is not valid except with a Muslim guardian (wali). The order of guardianship is as follows: her son, then her father, then her grandfather, then her brother, then her nephew (son of her brother), then her paternal uncle, then her paternal uncle's son. If the woman's current guardian is a disbeliever, the marriage is not valid.
Second: The suitor asking about your home or your private work is not considered an act of defiance. If the guardian had committed adultery and repented from it and reformed his condition, his guardianship is not forfeited. However, if he persists in immorality, the guardianship of an immoral person is a matter of scholarly disagreement.
Third: If the guardian's immorality is proven, or if he harms the woman, or prevents her from marrying (idhlal), his guardianship is forfeited and transfers to the next in line among her Muslim relatives. If there are none, the Muslim judge or the imam of the Islamic center marries her. It is not permissible for her to marry herself, nor for a disbeliever to marry her off. Therefore, the marriage contract must be renewed if the marriage was not conducted by a valid guardian.
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- Original fatwa ID
- 4914
- Imported
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- Source text, unreviewed
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