Is it permissible for an uncle to be the guardian (wali) for a girl's marriage in the event of severe family disputes between the parents, which caused the father to disown his children, and is the marriage considered valid if the girl chooses her uncle as her representative?
A father is not permitted to disown his children. Likewise, children are not permitted to disobey their father; rather, they must honor him. The father has the foremost right to give his daughter in marriage. Her paternal uncle cannot marry her off in his presence unless the father delegates him. The existence of problems with the girl's mother does not invalidate the father's right to guardianship. The daughter does not have the right to choose her paternal uncle to marry her off without her father's consent. Therefore, a marriage contract concluded under the guardianship of the paternal uncle without delegation from the father is invalid according to the majority of scholars. It is valid according to the of Imam Abu Hanifa, and it is valid if a judge rules it to be so. If the father refuses to marry his daughter to a suitable suitor and his obstruction is proven, she may refer her case to a Sharia judge to marry her off.
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- Original fatwa ID
- 114630
- Imported
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