Is it permissible for the guardian of a girl to be a Muslim man or a Sheikh, given that her father has passed away, and due to the inability of her legal guardians to attend for fear of them harming her?
For a marriage to be valid, it must be contracted by the woman's guardian (wali) or his agent, in the presence of two Muslim witnesses, based on the Prophet's (peace be upon him) sayings: "There is no marriage except with a guardian," and "There is no marriage except with a guardian and two just witnesses."
The order of guardians is: the father, then the paternal grandfather, then the son, then the full brother, then the half-brother (from the father's side), then their sons, then the paternal uncles, then their sons, then the paternal uncles of the father, then the ruler (Sultan).
If it is not possible to inform any of the guardians, or if their presence is unfeasible, then the Muslim judge (Qadi) acts in place of the guardian, based on the Prophet's (peace be upon him) saying: "The ruler is the guardian of one who has no guardian."
If that is not possible, a just Muslim can marry her with her permission, and it is preferable for him to be from her maternal relatives, such as a maternal grandfather or maternal uncle. If that is not available, the head of the Islamic Center can marry her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 5145
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy