The Obligation of the Closest Relative, Then the Next Closest, Taking Charge of a Woman's Marriage

Question: This is one letter, or perhaps three letters, and the questioner (A. T. S.) also agreed with the two brothers Muhammad Aqlan from Riyadh and 'Abdullah 'Ali from al-Khobar. The letter says: There is a woman who asked the head of the Office of Judicial Records to register a power of attorney for her paternal brother to take charge of her marriage contract with the husband she approves of, even though she has sons who are the closest in guardianship, and there is no deficiency in them. After them comes a full brother. In fact, a document was issued from the Office of Judicial Records according to her wish. Then she, the agent, and the husband contacted a mosque imam, who is not an official employee, and the contract and marriage were completed with this status. What is your opinion regarding the one who wrote this power of attorney and the one who acted on it, and also regarding the occurrence of the marriage? Please give us your ruling, may Allah reward you with good?

Answer:

First: It is obligatory that the closest relative, then the next closest, take charge of the marriage. This is the stronger of the scholars' opinions. The closest relative takes charge, then the next closest. The closest is the father, then the grandfather, then the sons, then the full brothers, then the paternal brothers, then those below them, such as the son of a full brother, the son of a paternal brother, the full paternal uncle, and the paternal uncle, just as in inheritance. This is the stronger opinion because this kinship entails affection for the woman and concern for what benefits her, so the closest, then the next closest, is more deserving. Also, because the Messenger of Allah (peace and blessings be upon him) said: The closer the guardian is, the more he cares for her and is concerned for her interest. Therefore, it is not permissible for her or anyone else to act contrary to this. The power of attorney should not be written in the name of the more distant relative while the closer one is left out, like this woman who wrote the guardianship for her brother while she has sons. The sons are prioritized over the brothers according to the stronger opinion.
However, if the contract was completed in that manner, the contract should be renewed with the closest guardian to avoid the disagreement among scholars. Some scholars hold that all male agnatic relatives are sufficient, whether it is a brother, a son, or an uncle. But the preferable and what is required is to prioritize the closest, then the next closest. Therefore, if her paternal brother contracted her marriage while her sons are present, her contract should be renewed with her own son or her son's agent, unless her son has agreed to appoint the paternal brother as agent. If the closest relative agrees to appoint the more distant one, there is no harm. If the closest one says, "We appoint the more distant one," then if her son appoints her brother, there is no harm.
But if it was done without their permission and without their consent, then it is not valid. The closest relative must be the one who takes charge of the marriage contract. If the contract is completed with the guardianship of someone other than the closest relative, it should be renewed with the guardianship of the closest relative to avoid the disagreement among scholars and as a precaution for the honor of women, because the honor of women is a great matter. The honor of women has a status. One should be cautious regarding them in every matter, and among that is that the contract be from the closest relative, not the more distant one. If the more distant one takes charge, it should be renewed by the closest one so that the woman is lawful for the husband without any doubt. Yes.