Back to search
The question

Who is the guardian responsible for my marriage given the death of my father and grandfather, and my mother's estrangement from my paternal uncles, and what should I do if the legal guardian refuses to attend?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A woman's marriage is not valid without a guardian (wali). Her guardian is her father, then her paternal grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their male descendants no matter how far removed, then her paternal uncles. The maternal uncle does not have guardianship in marriage according to the majority of scholars. If a woman has no guardian or if her guardian prevents her from marrying, then the one who marries her is the legitimate ruler (Shar'i judge) or his representative.

Therefore, the paternal uncle is the one who marries off his niece. He must be informed before the marriage contract so that he can undertake her marriage. If he refuses to marry her off, she may refer the matter to the court for the judge to marry her.

Maintaining ties of kinship is obligatory, and it is not permissible to obey one's mother in cutting off paternal uncles or any other relatives.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
143031
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy