Guardianship in Nikah Belongs to the Paternal Uncle, the Right of Upbringing to the Mother

Question

Question: After the father’s death, does the right of guardianship (wilaya) over orphaned boys and girls belong, according to the Shari‘a, to the mother, or to the father’s elder and younger brothers? Further, what kind of right of guardianship belongs to the mother, and what kind to the father’s elder and younger brothers?

Answer

The right of upbringing (hadana) of minor young children belongs to the mother, and guardianship (wilaya) in their nikah belongs to the father’s elder and younger brothers.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.