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Can a womans maternal uncle be a guardian in marriage

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by Ustadha Umm Abdullah

Question:

Can a woman’s [mothers brother] be a guardian in order for the marriage contract to be valid?

Answer:


Bismillah

In the Name of Allah, the Most Gracious, the Most Merciful.

The wali of a girl in sequence is her:


  1. Father

  2. Grandfather

  3. Great-grandfather

  4. Blood brother

  5. Paternal brother

  6. Nephew

  7. Nephew’s son

  8. Nephew’s grandson

  9. Blood uncle.


(Fataawa Aalamgiri vol.1 pg.283 – Rashidiyya)

If the father is alive, he will be the wali. However, if he has passed away, the order will be passed down in the sequence.

Only Allah Ta’ala knows best

Ustadha Umm Abdullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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