Is the marriage contract valid if the son acts on behalf of the guardian in his mother's marriage after her divorce, knowing that the father is deceased and that the wife has other relatives?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Prioritizing the son over the brother in the guardianship of a woman's marriage is the view of the majority of scholars, in contrast to the Shafi'is who do not consider the son to have any guardianship over marriage at all. According to the view of the majority, this marriage would be valid. However, it is advisable to refer the matter to the court due to the difference of opinion. The phrase "and upward" means that the father is followed by his father, then his grandfather, and so on, and "and downward" means that the son is followed by his son, then his grandson, and so on.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/141051
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- Ftawy
- Original fatwa ID
- 141051
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- . 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