Guardianship over the Nikah of a Minor Girl
Question
A woman named Nasiban was married to Allah Bande. Allah Bande died, leaving two children: a son and a daughter. The said woman contracted a second marriage with Karam Ilahi, and from Karam Ilahi she has two daughters. One of these girls is a minor by age but appears mature by her physique. Karam Ilahi has a brother of a very distant relation. Now what needs to be ascertained is: does the right of guardianship over his daughter belong to her brother whom Allah Bande left behind, or not?
Answer
If any brother at all from the paternal side is present, guardianship over the minor girl’s nikah belongs to him.
Source: Fatawa Mahmudiyya
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