What is the ruling if the wali (guardian) refuses to give the bride in marriage?

Question : Among these is the wali in marriage if he refuses to give the bride in marriage. Does his right lapse and transfer to someone else who is more distant from her, or does it not? The judge takes his place according to two narrations.

Answer : The correct view is that the right transfers to the one who is more distant, because the one who is more distant is more entitled than the judge. If it were said that the judge compels him to conclude the contract, that would not be far-fetched, because the father may refuse out of fear of fitnah (trial, discord or temptation). For example, the father refused to marry his daughter to a man who is suitable in his religion and character, and the daughter has consented to him. The father refused. Here, if we say the right transfers to whom? To the paternal uncle.
The paternal uncle may say, "I am unable to give her in marriage, and my brother is present. Do I fear fitnah or not?" Perhaps this father will transgress against his brother because he married his daughter. In this case, we may say that the judge takes charge of the contract or compels the wali to conclude the contract. He compels the wali to conclude the contract. However, the madhhab (school of jurisprudence) is that it transfers to the one after him.