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The 3 Uncle’s Guardianship

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assalamualaikum. in this condition, a widow wants to marry again and her father has died, then she just have 3 uncle (اخ لاب). so if one of them has ‘adhal, it is move to wali am/wali sultan or to the other uncle. thank you.


As salamu alaykum wa rahmatuLlah,

All praise is to Allah. And, prayers and salutations are upon the Prophet Muhammad.

In the question, the woman is described as having three uncles. In the Arabic in the question, the phrase أخ لأب is found. This phrase means a paternal half-brother, not an uncle. An uncle is referred to as either: عم لأب a paternal half-uncle or عم لأبوين a full uncle. Similarly, in regards to a brother the word أخ may be qualified by لأبوين, which signified that he is a full brother. This is significant in regards to the question if there are both brothers and uncles present, as a brother is considered to have more of a right to guardianship [wilayah] than an uncle. Also, according to the qawl azhar of our school a full brother would be given preference over a paternal half-brother, and similarly a full uncle over a paternal half-uncle. (Mughni al-Muhtaj 4/249)

If the suitor is incompatible [ghayr kuf’] and one of the guardians marries her with the pleasure of the rest from equal status, then it is valid. And, if a guardian of a higher status marries her, then objections from guardians of a lower status are not considered. If one marries her to an incompatible suitor, with guardians of the same status objecting, then it is invalid. (Ibid, 4/271-80)

If her suitor is compatible [min kuf’iha], and one of her guardians marries her to him, then the marriage is valid, even if others object and even if it is for less than the mahr al-mithl. (Rawdat al-Talibin 5/429-30)

If there is a dispute in whether or not a suitor is compatible, then the matter is presented before a judge. If compatibility is established, then it is binding for the guardian to marry her to the suitor; and if he resists, then the judge marries them. If compatibility is not established, then he is not compelled to marry them. (Ibid)

It is necessary that the woman is pleased with the suitor and it is necessary that her expressed permission is sought. Still, it is not acceptable for a judge to marry her to anyone outside of her kuf’. (Ibid, 428)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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