The marriage contract concluded by the maternal uncle in the presence of the paternal uncle
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success. A woman from Britain says that her father has died and she has a paternal uncle remaining. Her maternal uncle concluded her marriage contract, taking charge of the marriage contract. She asks: Is this permissible, and is the contract valid?
The Shaykh:
No, the contract is not valid, because her maternal uncle is not her guardian. Her guardian is her son, or her son’s son, or her father, or her father’s father, or her brothers, or her brothers’ sons, or her paternal uncles’ sons. That is, the closest among them marries her. As for maternal uncles, they are not among the guardians; they are among the relatives, those with kinship ties. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
The contract must be renewed. Yes.
Honorable Shaykh, may Allah grant you success. A woman from Britain says that her father has died and she has a paternal uncle remaining. Her maternal uncle concluded her marriage contract, taking charge of the marriage contract. She asks: Is this permissible, and is the contract valid?
The Shaykh:
No, the contract is not valid, because her maternal uncle is not her guardian. Her guardian is her son, or her son’s son, or her father, or her father’s father, or her brothers, or her brothers’ sons, or her paternal uncles’ sons. That is, the closest among them marries her. As for maternal uncles, they are not among the guardians; they are among the relatives, those with kinship ties. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
The contract must be renewed. Yes.
Source
إغاثة اللهفان من مصائد الشيطان 28-12-1436هـ — alfawzan.live (1:07:10)
The Arabic text is a machine transcription of the audio recording.