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The question

Is her marriage invalid due to the absence of most of her paternal uncles or her father's family, and her maternal uncle acting as the guardian (wali) in the contract?

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

The authority to give a woman in marriage (wilayat al-tazwij) is restricted to the 'asabat (agnates) according to the majority of scholars, and the maternal uncle (khal) has no such authority. If the marriage contract was concluded in adherence to the of Abu Hanifa, or if a judge ruled it valid, then the contract is sound. Assuming it was not concluded in adherence to Abu Hanifa, it should be upheld given the passage of time, as nullifying it would lead to harm. Moreover, a فاسد (invalid) marriage is treated like a صحيح (valid) one in some rulings after consummation, such as inheritance, establishment of lineage, and حرمة المصاهرة (prohibition of marriage due to affinity).

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Where this answer came from
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Ftawy
Original fatwa ID
194729
Imported
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Source text, unreviewed
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