Who is the guardian for marriage (wali) of a previously married woman (thayyib) who has no male agnatic relatives ('asabah), except for an absent paternal cousin and two sons of a deceased paternal cousin? And does her guardianship transfer to the ruler (sultan)? And how is that done in a country where there is no judge?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The order of women's guardians 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 paternal uncles and their sons. If there is no guardian, then her guardian is the judge. The son of a paternal uncle from the mother's side has no guardianship. Guardianship, after those mentioned, follows the order of inheritance by 'asabah (agnatic relationship); thus, the one most entitled to inheritance is the one most entitled to guardianship.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194792
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- Original fatwa ID
- 194792
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy