What is the ruling on the marriage of a girl who is being raised by her maternal uncle and her mother, when the uncle rejects the suitor whom the girl and her mother approve of? Is the marriage considered invalid in this case? And what is the ruling if the uncle approves but the mother disapproves?
The mother has no guardianship over the marriage of her daughter. Rather, her guardian is her father, then her grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then the paternal uncles. The majority of scholars do not consider the maternal uncle's guardianship over marriage to be valid. If a woman has no male agnates ('asabah) or if her guardian prevents her from marrying, then the legitimate ruler (or judge) is the one who marries her off. If the girl is mature and agrees to marry a suitable match, then none of her family members has the right to prevent her from marrying. The one who marries her off is her guardian, according to the aforementioned order. She should consult with her family, honor her mother, and treat her maternal uncle with kindness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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