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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Who is more entitled to the guardianship of a woman: her relatives on the father’s side or her relatives on the mother’s side?

Machine translationRead the Arabic original
Question:
The questioner says: I have a sister who married a man, and the one who took charge of her marriage was her maternal uncle, who is one of her cousins on the father’s side. Her full brothers and her paternal uncle are present, but she was afraid that some of them might object because she had sat for a long time after her first marriage. What is the ruling on her marriage?

Answer:
A maternal uncle is not a guardian, but he said that he is a cousin; he is a maternal uncle, but he is also a cousin, so he is a residuary heir. However, as long as there are full brothers or brothers on the father’s side, they are closer to the guardianship and more entitled to it. He does not come into the picture unless the brothers and their sons are not present, and the paternal uncles are not present; then the cousin’s turn comes for guardianship. Since he is her husband and not her guardian, this contract is to be presented to the judge or the mufti in order to renew the contract in the correct manner.
Source قناة «العلامة الدكتور صالح الفوزان»، من الأولى بولاية المرأة أقاربها لأب أم لأم؟ للشيخ الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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