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Is it permissible for the maternal uncle to assume guardianship of a woman if the closest guardian is unavailable, and is the son of the maternal aunt, with whom she was raised, considered as an unmarriageable kin (mahram)? What is the ruling on a woman’s marriage in a foreign country by someone acting in place of a judge without authorization, and what is the text and form of such authorization?

1 min readAlso available in العربية

A woman is not permitted to contract a marriage without a wali (legal guardian). The order of guardians is obligatory, so the further guardian cannot be given precedence over the closer one, except for a legitimate shar‘ī (Islamic legal) excuse, such as the closer guardian being an ‘āḍil (unjustly preventing marriage), insane, or if communication with him is impossible. In such cases, the right transfers to the next in line from the ‘aṣabāt (agnates), who are the male relatives from the father's side. If a guardian cannot be found or communicated with in a non-Islamic country, the Imām of the mosque or the director of the Islamic center acts in the place of the Muslim judge in solemnizing the woman's marriage. As for maternal uncles (akhwāl) and their sons, they are not guardians, but the legal guardian may delegate them to perform the marriage.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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