What is the Islamic legal solution for the marriage contract if the father and paternal uncles refuse to be guardians, despite their approval of the marriage, and their statement that a contract without a guardian is invalid?
The guardian (wali) is a condition for the validity of marriage. The guardian does not have the right to completely refuse to marry off the woman or to reject a suitor who is competent in his religion and character.
Therefore, one must first try to convince the father to marry her off. If he insists on refusing, the matter should be brought before the judge. If the judge confirms the guardian's obstruction (adhl), the judge will then marry her off or appoint someone to do so.
The maternal uncle is not a guardian in marriage.
Efforts should be made to reconcile among family members and to ensure a good relationship between the father and his children, while it remains obligatory for children to honor their father and treat him well in all circumstances.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 101526
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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