Is the marriage contract valid if the son acts on behalf of the guardian in his mother's marriage after her divorce, knowing that the father is deceased and that the wife has other relatives?
Prioritizing the son over the brother in the guardianship of a woman's marriage is the view of the majority of scholars, in contrast to the Shafi'is who do not consider the son to have any guardianship over marriage at all. According to the view of the majority, this marriage would be valid. However, it is advisable to refer the matter to the Sharia court due to the difference of opinion. The phrase "and upward" means that the father is followed by his father, then his grandfather, and so on, and "and downward" means that the son is followed by his son, then his grandson, and so on.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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