What is the legal ruling regarding a marriage in which the contract was concluded with the woman’s maternal uncle acting as her guardian, knowing that she has no father or paternal uncle? Is this marriage valid under these circumstances, and how can it be rectified if it is not?
If the maternal uncle is from her asabah (agnates) (her paternal cousins), then his guardianship is valid. And if there was someone closer than him and he performed the marriage contract, the marriage is valid according to the Malikis for a non-compellable woman. However, if he is not from her asabah, he has no guardianship according to most scholars. But if a guardian or judge is unavailable, it is permissible for the maternal uncle to assume guardianship. The Malikis validated this guardianship even with the presence of a non-compelling guardian, on condition of consummation and a long period of time, such as having children, in which case the marriage is not annulled. Therefore, the woman's marriage is valid as long as she has had children. It is advisable to refer to the Sharia courts.
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