Back to search
The question

What is the ruling on a marriage contract in which the maternal uncle was appointed as the wife's guardian without authorization from her father, and is this contract considered void? And what is incumbent upon them if that is the case?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

This marriage is invalid according to the majority of jurists, due to the absence of a guardian (wali), who is an essential condition for the validity of the marriage contract in their view, unlike Abu Hanifa. The preponderant opinion is that of the majority. Therefore, the contract must be annulled and renewed with its legitimate conditions if the spouses wish to continue. The guardian may delegate another person, provided that the delegate possesses the same conditions as the guardian.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
168990
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