Ruling on the Guardian Attending the Marriage Contract of His Ward
Machine translationRead the Arabic original
The questioner says: O Noble Shaykh, is it permissible to contract a marriage for a girl without the presence of her guardian, while he is still alive?
Answer:
The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1880Sahih (Darussalam) No one may contract a marriage for a woman without her guardian, whether she is young or old. Sunan Ibn Majah 1880Sahih (Darussalam) He (peace and blessings be upon him) said: She must ask her guardian to marry her off, or if he is busy or far away, to appoint someone to act in his place.
Her guardian is the closest person to her among the male heirs: her father, then her grandfather, however high up the line, then her son and his son, however far down the line, then her full brother, then her brother on the father’s side, then her full brother’s son, then her brother on the father’s side’s son, then her full paternal uncle, then her paternal uncle on the father’s side, then her full paternal uncle’s son, then her paternal uncle on the father’s side’s son, and so on, the closest then the next closest. The closest and most senior is the father, then the grandfather, however high up the line. After that, if the father and grandfather are absent, it is the nearest son, then the son of the son, and so on.
She may not marry herself off, and the more distant relative may not marry her off while the closer relative is present. If the closer relative has an excuse, he appoints someone to act in his place. If that is not possible, because the place is far away and he cannot reach it, the next closest relative marries his ward. Yes.
The presenter: May Allah reward you.
Answer:
The Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian.
لا نكاح إلا بوليThere is no marriage except with a guardian.
لا نكاح إلا بوليA woman may not marry herself off, nor may she marry off anyone else.
لا تزوج المرأة نفسها، ولا تزوج غيرهاHer guardian is the closest person to her among the male heirs: her father, then her grandfather, however high up the line, then her son and his son, however far down the line, then her full brother, then her brother on the father’s side, then her full brother’s son, then her brother on the father’s side’s son, then her full paternal uncle, then her paternal uncle on the father’s side, then her full paternal uncle’s son, then her paternal uncle on the father’s side’s son, and so on, the closest then the next closest. The closest and most senior is the father, then the grandfather, however high up the line. After that, if the father and grandfather are absent, it is the nearest son, then the son of the son, and so on.
She may not marry herself off, and the more distant relative may not marry her off while the closer relative is present. If the closer relative has an excuse, he appoints someone to act in his place. If that is not possible, because the place is far away and he cannot reach it, the next closest relative marries his ward. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.