Guardianship in Nikah: the Sister’s Husband or the Paternal Half-Brother?

Question

A dispute has arisen between the deceased’s paternal half-brother, named ‘Abd al-Ghani, and the deceased’s sister’s husband, named Muhammad Qasim son of Sher ‘Ali, over the guardianship of the son of the late Sharif Ahmad son of Imam al-Din, a Sunni by madhhab — a boy named Matlub al-Hasan: which of the two is entitled to guardianship according to the Hanafi madhhab?

Answer

Answer (1) The deceased’s sister’s husband has no guardianship. The paternal half-brother is the guardian. Answer (2) — Sa‘id Ahmad If the question concerns guardianship in nikah, then guardianship belongs to the paternal half-uncle. If the question concerns guardianship over property, then, if the deceased made a bequest (wasiyya)

Source: Fatawa Mahmudiyya

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