Is it valid for a maternal uncle to act as the guardian in the marriage contract of his sister’s daughter?
Machine translationRead the Arabic original
Question:
I heard the questioner say: Is it permissible for him to be her guardian in the marriage contract, given that she is the one who appointed him? And is it necessary to renew the contract in this case if he wishes to renew it from this state?
Answer:
The maternal uncle is not a guardian. The guardians are the residuary male heirs: her father, her paternal grandfather, her sons, her sons’ sons, her full brothers, her paternal brothers, and their sons, then those after them, the closest to the closest. The guardians are the residuary male heirs, the closest to the closest. As for the maternal uncle, he is not a residuary heir and he is not a guardian.
I heard the questioner say: Is it permissible for him to be her guardian in the marriage contract, given that she is the one who appointed him? And is it necessary to renew the contract in this case if he wishes to renew it from this state?
Answer:
The maternal uncle is not a guardian. The guardians are the residuary male heirs: her father, her paternal grandfather, her sons, her sons’ sons, her full brothers, her paternal brothers, and their sons, then those after them, the closest to the closest. The guardians are the residuary male heirs, the closest to the closest. As for the maternal uncle, he is not a residuary heir and he is not a guardian.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 443 هل يصح أن يتولى الخال عقد نكاح ابنة أخته؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.