Is my sister's marriage invalid if her guardian was her maternal uncle while her brother was present, and what should she do if it is invalid?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The maternal uncle is not a brother. If he falsely claims brotherhood, the contract is void, and her guardian should handle her marriage, or the ruler if she has no guardian from her lineage.
If her brother was present at the contract and appointed the maternal uncle or remained silent and his consent was evident through circumstantial evidence, then the marriage is valid.
Silence does not indicate consent unless accompanied by circumstantial evidence that points to it. If such evidence is absent, the contract is invalid and must be renewed in the presence of a guardian, two just witnesses, and a dowry.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/94716
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 94716
- 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