Is the marriage contract of a girl considered religiously valid if her maternal uncle is deputized by her elder brother, in the absence of her father and difficulty in communicating with him, and her age is 26?
For a marriage to be valid, the presence of a guardian (wali) and two just witnesses is required. The father is the primary guardian. The maternal uncle is not a guardian unless the true guardian appoints him as his proxy. If the elder brother appoints the maternal uncle to complete the marriage contract, this is considered as marriage by the more distant guardian in the absence of the closer one (the father). Scholars have differed regarding the ruling on marriage by the more distant guardian when the closer one is absent. Some have permitted it in cases of prolonged absence or fear of losing a suitable suitor. Some scholars believe that consulting the closer guardian is obligatory whenever possible; otherwise, the more distant one is permitted to perform the marriage. If the contract is ratified by a Sharia judge, it cannot be annulled. As for honoring one's parents, it is obligatory regardless of their misconduct or shortcomings, and severing ties of kinship and filial disobedience are forbidden.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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