Who takes precedence in the guardianship of a woman’s marriage: her paternal uncle or her brother, if her father has passed away?
Machine translationRead the Arabic original
The questioner: Well, in the well-known authentic hadith, it is stated: Sunan Ibn Majah 1880Sahih (Darussalam).
The Shaykh: Yes.
The questioner: Let us assume a woman wants to get married and her father has passed away.
The Shaykh: Do not say "mutawaffa" (deceased); the one who is "mutawaffi" (the One who causes death) is Allah. Say "mutawaffa" (deceased).
The questioner: Yes.
The Shaykh: Yes.
The questioner: Her father has passed away.
The Shaykh : Yes.
The questioner: Who takes precedence now to be her guardian: her paternal uncle or her brother?
The Shaykh: Her brother.
The questioner: Her brother before her paternal uncle, meaning?
The Shaykh: Yes, the closer relatives.
There is no marriage except with a guardian.
لا نكاح إلا بوليٍّThe Shaykh: Yes.
The questioner: Let us assume a woman wants to get married and her father has passed away.
The Shaykh: Do not say "mutawaffa" (deceased); the one who is "mutawaffi" (the One who causes death) is Allah. Say "mutawaffa" (deceased).
The questioner: Yes.
The Shaykh: Yes.
The questioner: Her father has passed away.
The Shaykh : Yes.
The questioner: Who takes precedence now to be her guardian: her paternal uncle or her brother?
The Shaykh: Her brother.
The questioner: Her brother before her paternal uncle, meaning?
The Shaykh: Yes, the closer relatives.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.