The Right to Marry Off an Adult Girl: the Elder or the Younger Paternal Uncle

Question

An adult virgin girl; her parents have passed away. The girl has two paternal uncles who are elder brothers of her father — one the elder and one the younger — and one maternal aunt. If the elder uncle, with the girl's consent and at her wish, married her to some young man — in another place, not where the girl lives with the younger uncle — is the nikah valid or not? Given that the girl was brought up by the younger uncle?

Answer

Since this girl is an adult and her parents have passed away, the nikah that her elder uncle concluded in accordance with her wish is valid, even if she was brought up by the younger uncle.

Source: Fatawa Mahmudiyya

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