Is it valid for a paternal uncle to marry off his nephew's daughter while her brother is present but traveling?

The questioner : May Allah reward you. This listener, Ahmad Saleh Zayd, a Yemeni resident of al-Hafar al-Batin, sent this question: A man proposed to a girl to her paternal uncle, given the death of her father. It is known that she has a brother who is abroad. The girl asked her paternal uncle to take charge of her affairs and finalize the contract without obtaining the consent of her traveling brother. In fact, everything was completed. When her brother learned of this after returning from his trip, he refused to marry her off and denied the validity of the contract. Is he right in that? Or is the contract valid even if his consent was not obtained?

The Shaykh : There is no doubt that a full brother or a brother on the father's side is more entitled than a paternal uncle to take charge of marrying off his sister, provided he is qualified according to the conditions mentioned by the scholars. It is not valid for a paternal uncle to marry off his nephew's daughter while her brother is present and can be consulted. As for what happened in this incident about which the question was asked, it is a matter that has already occurred and cannot be rectified except by resorting to the judicial authority. Therefore, this woman must refer the matter to the judicial authority so that he can examine whether this contract is valid or invalid. Yes.

The questioner : May Allah reward you with the best reward.