Who is the most suitable and appropriate guardian for a 17-year-old girl who lives only with her mother after her father's death, given that she has problems with her paternal uncles and her stepmother and her children? And is it permissible for the maternal uncle or the mother to be her guardian in marriage?
Guardianship (wilayah) in marriage belongs to the male agnates (asabat), and women have no role in it, nor do non-agnates. The order of those who oversee a woman's 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 male descendants, no matter how far removed, then her full paternal uncle, then her half-paternal uncle (from the father's side), then their male descendants.
Therefore, the one who should marry off that girl is her half-brother (from the father's side). If he is not fit for guardianship, then her paternal uncle should marry her off. If he is not available, then her paternal uncle's son.
If the guardian is far from the country, he may appoint someone to marry off the girl in her country, such as a maternal uncle. It is permissible for the appointment to be made via telephone.
If the closest guardian refuses to marry the girl to a suitor who is suitable for her, he is considered to be preventing her marriage (adil), and the guardianship may be transferred to the next in line among the guardians. If all of them refuse, the judge shall marry her off.
As for the witnesses to the marriage contract, the preponderant opinion among us is that it requires the presence of two male, Muslim, just witnesses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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