The Maternal Uncle Has No Guardianship in Nikah While the Paternal Uncle Is Present

Question

What do the honourable scholars and the muftis of the firm Shari‘a say on the following matter: a girl is a minor whose nikah was contracted some years ago; as it happened, her husband died, and a long time has passed since that as well. This nikah was contracted at the home of the girl’s mother’s family, and her father himself had given permission for the nikah. On being widowed, the girl went to her mother’s family and lives with them to this day, because her father and mother have died.

Answer

If that girl is a minor, her guardian (wali) is her paternal uncle. The maternal uncle has no guardianship of nikah while the paternal uncle is present. Therefore, if the paternal uncle did not permit this nikah, that nikah did not take place. Those who contracted the nikah without permission and took part in it must (lazim)

Source: Fatawa Mahmudiyya

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