Is it permissible for the maternal uncle to be the guardian for my fiancée, and her brother a witness to the marriage contract, due to her father's death, or must the brother be the guardian?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The woman's guardian in marriage is her father, then her grandfather, then her son, then her full brother, then her brother from the father's side, then their descendants even if they are lower in degree, then the paternal uncles. The maternal uncle has no guardianship in marriage according to the majority of scholars, but it is permissible for him to be a witness. The one who oversees the woman's marriage is her brother, not her maternal uncle.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/158064
Where this answer came from
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- Ftawy
- Original fatwa ID
- 158064
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy