Is it permissible for the father's side brother of a girl to be her guardian in her marriage contract and its announcement, in the event that her father is not present due to problems between them, and her unwillingness to inform him of the contract's date?
The person with the primary right to give a free woman in marriage is her father, and no one else has guardianship as long as he is fit for it. If the brother gives her in marriage while the father is present, there is a difference of opinion among scholars regarding the validity of the marriage, with the prevalent view being that it is invalid unless approved by the guardian.
It is obligatory for the father to undertake the marriage. However, if he refuses to be present or to give authorization, and the suitor is suitable, then the father is considered to be preventing the marriage, and guardianship transfers to the brother or the ruler. The fiancée must honor her father and not cut ties with him, no matter his condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 166334
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy