The individuals who have the authority to contract a woman's marriage after her father's death
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His Eminence the Shaykh: To whom does the authority to contract a woman's marriage transfer after her father's death?
The person with the greatest right to contract the marriage is the father, then the paternal grandfather, however far up the line he may be. If she has a paternal grandfather, he has the greatest right. If she has neither a father nor a paternal grandfather, the authority transfers to her sons, if she has any. If not, it transfers to her full brothers, then to her paternal half-brothers, then to the sons of her full brothers, then to the sons of her paternal half-brothers, then to her full paternal uncles, then to her paternal half-uncles, then to the sons of her full paternal uncles, then to the sons of her paternal half-uncles. If she has no 'asabah (residuary male heirs), or if her 'asabah are in a distant location where they cannot be contacted, or if her 'asabah refuse to marry her to a suitable match, the judge of the court marries her.
The questioner: Which of the full brothers takes on this responsibility?The Shaykh: They all have the authority, but it is proper etiquette for them to designate the eldest among them to take on this responsibility.
The person with the greatest right to contract the marriage is the father, then the paternal grandfather, however far up the line he may be. If she has a paternal grandfather, he has the greatest right. If she has neither a father nor a paternal grandfather, the authority transfers to her sons, if she has any. If not, it transfers to her full brothers, then to her paternal half-brothers, then to the sons of her full brothers, then to the sons of her paternal half-brothers, then to her full paternal uncles, then to her paternal half-uncles, then to the sons of her full paternal uncles, then to the sons of her paternal half-uncles. If she has no 'asabah (residuary male heirs), or if her 'asabah are in a distant location where they cannot be contacted, or if her 'asabah refuse to marry her to a suitable match, the judge of the court marries her.
The questioner: Which of the full brothers takes on this responsibility?The Shaykh: They all have the authority, but it is proper etiquette for them to designate the eldest among them to take on this responsibility.