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The question

Is the marriage contract valid if the wife's father is absent and her brother acts on his behalf in the proxy, knowing that the father approves and the wife is an adult?

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

If it is not possible to consult the woman's father due to his absence or the difficulty of reaching him, the guardianship transfers to the next closest guardian. It is permissible for a brother to marry off his sister if there is no one more entitled than him. If the brother is an agent for the father, then the marriage is absolutely valid. However, if the father's absence is recent and he can be contacted, and no authorization was given, then the marriage is invalid due to the absence of the guardian as a pillar, and the contract must be renewed. Any children born before the renewal are attributed to their father. Publicizing the marriage is recommended after a valid contract but is not a condition for its validity.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
94204
Imported
Translation status
Source text, unreviewed
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