The Right of a Non-Guardian to Conclude Nikah When a Guardian Exists

Question

A widow made her brother her authorised representative (mukhtar) for the nikah of her daughter, and through him the nikah was performed at his own house. The village where the nikah took place is five miles from the widow’s place of residence. Everyone, far and near, had been informed of the nikah; the groom’s wedding procession numbered several hundred people, and the nikah took place in their presence. Nobody knew anything about whether the girl’s paternal uncles (her father’s elder and younger brothers)

Answer

If the girl was adult (baligha) at the time of the nikah, then there is no doubt whatsoever about this nikah; it is valid without hesitation. If she was a minor, then her guardians (wali) are her paternal uncles, her father’s elder and younger brothers; in that case neither the mother nor the maternal uncle has guardianship (wilaya) in nikah.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.