Back to search
The question

Is my sister's marriage invalid if her guardian was her maternal uncle while her brother was present, and what should she do if it is invalid?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The maternal uncle is not a brother. If he falsely claims brotherhood, the contract is void, and her guardian should handle her marriage, or the ruler if she has no guardian from her lineage.

If her brother was present at the contract and appointed the maternal uncle or remained silent and his consent was evident through circumstantial evidence, then the marriage is valid.

Silence does not indicate consent unless accompanied by circumstantial evidence that points to it. If such evidence is absent, the contract is invalid and must be renewed in the presence of a guardian, two just witnesses, and a dowry.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
94716
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy