Guardianship in Nikah Belongs to the Brother, Not the Mother

Question

Zayd has two children from his first, deceased wife. After that Zayd married a second time — Hinda. From her too Zayd has two sons and one daughter, Khalida Khatun. After the death, Hinda married Bakr. Khalida Khatun, while she was a minor, was given in marriage, with the permission of Khalida's mother, by some person of their own other than the four brothers. Yet the brothers were not present at the nikah, nor were they pleased with it. In this case can this marriage be valid or not?

Answer

In such a situation the mother has no guardianship in nikah; rather, the brother is the guardian. Hence the nikah that the mother arranged is mawquf pending the brothers' permission. If the brothers, on hearing news of the nikah, rejected it (disapproved of it), then that nikah became null (as though it never was) and came to an end.

Source: Fatawa Mahmudiyya

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