The Mother Has No Guardianship in Nikah When a Paternal Uncle Exists

Question

A husband passed away, leaving a young daughter. The widow Maryam married off the daughter at her own discretion. The girl's paternal uncle, Sha‘ban, wanted to marry her to his own son; he is not pleased with the nikah the girl's mother has concluded. Has this nikah taken place according to the Shari‘a or not, given that the uncle did not look after the orphan in any way?

Answer

In the case asked about, if this girl has no relative nearer than the paternal uncle, then her guardian in nikah according to the Shari‘a is the uncle Sha‘ban. The nikah that Maryam concluded for her daughter without Sha‘ban's consent is mawquf pending Sha‘ban's permission: if Sha‘ban gives permission it will take effect, otherwise not.

Source: Fatawa Mahmudiyya

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