Agency over children does not establish a prohibition of marriage
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Fatwa number ( 12255 )
Q: My mother’s father passed away when she was very young, approximately between four and five years old, a long time ago. Before his death, he appointed a man named Muhammad ibn Ali ibn Mustawr as her guardian, who is related to her as her maternal uncle’s son, and the guardian is the maternal uncle of the deceased. In his will, as we heard, and there was no written will, he stated that the aforementioned guardian is her father and his wife is her mother. As Your Eminence knows, Allah has commanded us regarding hijab, and I ask Allah, then Your Eminity, to guide me: Is it permissible for my mother to uncover herself in the presence of that man who is the guardian and his sons, and is it permissible for me and my siblings to uncover ourselves in the presence of the daughters of that guardian, and do I have the right to call his sons my maternal uncles? Knowing that my mother did not nurse from the wife of the aforementioned guardian, but he raised her in his house until he married her to my father, and she did not live with his children much because she was older than his sons and daughters. I hope you will enlighten us on the path so that I can explain to my mother what comes from
Your Eminity, and may Allah preserve you.
A: The mere fact that he is a guardian over your mother does not permit her to drop hijab in his presence or in the presence of his children. Likewise, her sons are not mahram to the daughters of the man who was her guardian. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My mother’s father passed away when she was very young, approximately between four and five years old, a long time ago. Before his death, he appointed a man named Muhammad ibn Ali ibn Mustawr as her guardian, who is related to her as her maternal uncle’s son, and the guardian is the maternal uncle of the deceased. In his will, as we heard, and there was no written will, he stated that the aforementioned guardian is her father and his wife is her mother. As Your Eminence knows, Allah has commanded us regarding hijab, and I ask Allah, then Your Eminity, to guide me: Is it permissible for my mother to uncover herself in the presence of that man who is the guardian and his sons, and is it permissible for me and my siblings to uncover ourselves in the presence of the daughters of that guardian, and do I have the right to call his sons my maternal uncles? Knowing that my mother did not nurse from the wife of the aforementioned guardian, but he raised her in his house until he married her to my father, and she did not live with his children much because she was older than his sons and daughters. I hope you will enlighten us on the path so that I can explain to my mother what comes from
Your Eminity, and may Allah preserve you.
A: The mere fact that he is a guardian over your mother does not permit her to drop hijab in his presence or in the presence of his children. Likewise, her sons are not mahram to the daughters of the man who was her guardian. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.