Guardianship in Nikah: the Mother or the Paternal Half-Brother?

Question

What do the scholars of religion and the muftis of the firm Shari‘a say regarding this matter: Zayd married, and from this wife two sons were born. After that this wife died, and Zayd took a second wife, from whom two children were born — a son and a daughter — and Zayd passed away. Now what needs to be ascertained is: who has the guardianship in nikah of this minor girl and minor boy — their mother or their adult paternal half-brothers?

Answer

A minor boy and girl can neither conclude their own nikah themselves nor become guardians of each other. [ar]ولا ولاية لعبد ولا صغير ولا مجنون لأنه لا ولاية لهم على أنفسهم فأولى أن لا تثبت على غيرهم[/ar] “There is no guardianship for a slave, a minor or an insane person, since they have no guardianship over themselves, so all the more is it not established over others”…

Source: Fatawa Mahmudiyya

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