The Paternal Uncle’s Guardianship in Nikah over an Adult Girl

Question

The engagement of an eight-year-old girl took place with the permission of her paternal uncle. When the girl turned eighteen, her full brother refused. Does the uncle have wilayat al-ijbar (the power to marry her off without her consent) over this adult girl or not, or is the girl independent?

Answer

The paternal uncle has no wilayat al-ijbar over an adult girl; wherever the nikah is contracted, it must be contracted with the girl’s permission.

Source: Fatawa Mahmudiyya

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