If the Guardian Does Not Contract a Minor Girl’s Nikah, Who Should?

Question

For several reasons the maternal grandmother found it necessary to have a minor girl’s nikah contracted, while the girl’s guardian (wali) is her full paternal uncle, who has been an open enemy for a long time. When the grandmother asked his permission, he said, “We have no connection with you; we know nothing.” Besides this, there is another paternal uncle of distant kinship, and there is the mother. In such a case, will the guardianship (wilaya)

Answer

In the case asked about, since the girl’s full paternal uncle refuses to contract this girl’s nikah, and the need for nikah is felt, the way to contract her nikah is to submit a petition to some Muslim ruler who has authority, and that ruler will himself contract this girl’s nikah. “Shami”, vol. 2, p.

Source: Fatawa Mahmudiyya

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