{"fatawa":{"id":8398,"title":"She does not have any male relatives on her father\u2019s side; can her mother\u2019s husband or her brother through her mother be her wali (guardian) for the purpose of marriage?","slug":"she-does-not-have-any-male-relatives-on-her-fathers-side-can-her-mothers-husband-or-her-brother-through-her-mother-be-her-wali-guardian-for-the-purpose-of-marriage","order":"","question":"There is a Sunni Muslim girl who is being cared for by her mother\u2019s husband. She has received a marriage proposal from a compatible young man, but her mother\u2019s husband is refusing to accept any marriage proposal for her because the girl is employed in a government department and he benefits from her salary. Is it permissible for her brothers through her mother to arrange her marriage? Please note that she does not have any full brothers, brothers through her father or paternal uncles, and the qaadi (judge) in our city is an Ithna-\u2018Ashari Shi\u2018i who does not rule according to the Qur\u2019aan and Sunnah. Is her primary guardian in this case her mother\u2019s husband or her brothers through her mother?.","answer":"Praise be to Allaah.\r\nIn order for the marriage to be valid, it is stipulated that it should be done by the wali (guardian) or his deputy, because the Prophet (blessings and peace of Allah be upon him) said: \u201cThere is no marriage except with a guardian and two witnesses of good character.\u201d Narrated by al-Bayhaqi from the hadeeth of \u2018Imraan and \u2018Aa\u2019ishah. Classed as saheeh by al-Albaani in Saheeh al-Jaami\u2018, no. 7557 \r\n\r\nAnd the Prophet (blessings and peace of Allah be upon him) said: \u201cAny woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.\u201d Narrated by Ahmad, 24417; Abu Dawood, 2083; al-Tirmidhi, 1102. classed as saheeh by al-Albaani in Saheeh al-Jaami\u2018, no. 2709 \r\n\r\nAt-Tirmidhi (may Allah have mercy on him) said: In this regard, what is to be acted upon is the hadeeth of the Prophet (blessings and peace of Allah be upon him), \u201cThere is no marriage except with a guardian,\u201d according to the scholars among the Companions of the Prophet (blessings and peace of Allah be upon him), including \u2018Umar ibn al-Khattaab, \u2018Ali ibn Abi Taalib, \u2018Abdullah ibn \u2018Abbaas, Abu Hurayrah and others. End quote. \r\n\r\nThe woman\u2019s guardian is her father, that his father (her paternal grandfather), then her son, then his son (this applies if she has a son), then her brother through her father and mother, then her brother through her father only, then her brother\u2019s sons (her nephews), then her paternal uncles, then their sons, then the ruler.\r\n\r\nAl-Mughni, 9\/355 \r\n\r\nThus it is known that the mother\u2019s husband is not a guardian for the girl, and her brothers through her mother are not her guardians either, according to the well-known view, because guardianship belongs only to male relatives on the father\u2019s side. \r\n\r\nIbn Qudaamah (may Allah have mercy on him) said in al-Mughni, 7\/13: There is no guardianship for relatives other than male relatives on the father\u2019s side, (so the following cannot be a woman\u2019s guardians): the brother through the mother, the maternal uncle, the mother\u2019s paternal uncle, the maternal grandfather, and so on. This was stated by Ahmad in several places. It is also the view of ash-Shaafa\u2018i and one of two views narrated from Abu Haneefah. \r\n\r\nThe second view is that anyone who may inherit an allocated share or through ta\u2018seeb (by virtue of being a male relatives on the father\u2019s side) may act as a guardian, because he is one of those who may inherit from her; therefore those who may inherit an allocated share may also act as guardians, just as male relatives on the father\u2019s side may act as guardians.\r\n\r\nEnd quote. \r\n\r\nThe brother through the mother may inherit an allocated share, and there is a difference of scholarly opinion as to whether he may act as a guardian in the case of marriage, as you can see. \r\n\r\nThe basic principle is that if a woman does not have a guardian, then the Muslim qaadi (judge) may act as her guardian and arrange her marriage; if there is no Muslim judge then the imam of a mosque or a scholar or a Muslim man of good character may act as her guardian and arrange her marriage. \r\n\r\nThere is no doubt that her brothers through her mother have more right to acts as guardians and arrange her marriage than the imam of the mosque or any other Muslim, so her brother through her mother should do the marriage contract for her after getting her permission and consent. \r\n\r\nIn al-Mawsoo\u2018ah al-Fiqhiyyah (41\/277) it quotes the Maalikis as saying: If a woman has no male relative on her father\u2019s side or former master or sponsor, and there is no shar\u2018i judge, then her marriage contract may be done by a Muslim man, such as her maternal uncle, maternal grandfather or brother through the mother. They are among the people who may act as her guardian with her permission and consent in that case. End quote. \r\n\r\nAnd Allah knows best.\r\n\r\nIslam Q&A","status":1,"created_at":"2014-11-02T21:51:57.000000Z","updated_at":"2014-11-02T21:51:57.000000Z","language_id":1,"fatawacate_id":35,"parent_id":8397,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0634\u0631\u0648\u0637 \u0627\u0644\u0646\u0643\u0627\u062d","category_slug":"","get_date":"2014-11-02"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/www.islamland.com\/eng\/api\/fatawas\/8398"}