Is it permissible to marry a girl without the consent of her absent father, whose mother has been divorced for years, especially since her brother is her legal guardian and all family members agree?
Travel is one of the causes that invalidate guardianship, and there is a disagreement among jurists regarding the criteria for travel that invalidates guardianship and who is entitled to guardianship after the father. As for the father's divorce and abandonment of the family, and failure to provide maintenance, this does not invalidate the guardianship of marriage unless his absence is a complete قطع absence that makes communication with him impossible. Therefore, it is necessary to refer the matter to the court, and if it rules that the brother is entitled to the guardianship of marriage, then he may marry off his sister.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 142786
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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