Marrying a Maternal Uncle and the Authority over the Marriage Contract
Machine translationRead the Arabic original
Question:
This questioner says: Is the statement that the maternal uncle’s marriage contract is valid correct? And what is the evidence for those who hold that view?
Answer:
The maternal uncle does not take charge of the contract; he does not become a guardian. No. The guardian is from the 'asabah (residuary male heirs). The guardians in the contract are the 'asabah. The father, then the grandfather, then the son, then the son’s son, then the full brother, then the brother on the father’s side. The brother on the mother’s side today does not enter into the guardianship, because he is from the close relatives (dhawi al-aramah). The maternal uncle does not enter into it, because he is from the close relatives. So the maternal uncle’s contract is not valid, nor is the contract of the brother on the mother’s side, nor the contract of the grandfather on the mother’s side; he does not enter into it either, because he is from the close relatives. The guardian is only from the 'asabah. Yes.
This questioner says: Is the statement that the maternal uncle’s marriage contract is valid correct? And what is the evidence for those who hold that view?
Answer:
The maternal uncle does not take charge of the contract; he does not become a guardian. No. The guardian is from the 'asabah (residuary male heirs). The guardians in the contract are the 'asabah. The father, then the grandfather, then the son, then the son’s son, then the full brother, then the brother on the father’s side. The brother on the mother’s side today does not enter into the guardianship, because he is from the close relatives (dhawi al-aramah). The maternal uncle does not enter into it, because he is from the close relatives. So the maternal uncle’s contract is not valid, nor is the contract of the brother on the mother’s side, nor the contract of the grandfather on the mother’s side; he does not enter into it either, because he is from the close relatives. The guardian is only from the 'asabah. Yes.
Source
وجوب الأمر بالمعروف والنهي عن المنكر، بداية من قول المُصَنِّف : وفي صحيح مسلم عن عبد الله بن مسعود - رضي الله عنه - — islamhouse.com (1:06:13)
The Arabic text is a machine transcription of the audio recording.