𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (354)

Following the Proper Course Regarding Guardianship in Marriage Question: May Allāh reward you with goodness. A person is asking: we have a sister whose father passed away when she was very young. Afterwards, all ties between her and her paternal relatives were severed. She has maternal uncles—can one of them act as her guardian in marriage or not? Sheikh Sulayman Ar-Ruhaili hafidahullah: Guardianship (wilāyah) is a matter of great importance. The jurists have established that the legal guardianship over a woman is not nullified by mere claims or reports; rather, it remains established by Shari'ah and is not removed except by a judicial ruling. If a woman—or someone seeking to marry her—comes to us and says: "Her father worships graves, does not pray, and curses Allāh, and thus we wish to marry without his guardianship," we say: "No; you must refer the matter to the judge." The guardianship of the father, or the legally established guardian over a woman, is not nullified except by a ruling from a judge. This is because people’s claims are often influenced by personal interests. Someone may wish to marry a woman but her father refuses, so he alleges faults against him to bypass his authority. This is impermissible, brothers. It is not permissible to nullify guardianship based on a mere fatwa. Guardianship is a matter that is ruled upon by a judge. If no Shari'ah judge is available, then a [qualified] student of knowledge assumes the role of the judge—not that of the mufti—and adjudicates the matter as a judge would. Specific cases concerning guardianship are not decided through fatwa. Now, regarding the question: Do the maternal uncles assume guardianship over a woman in marriage? The answer, according to the most correct opinion, is no. What about this woman’s situation, then? We say: as long as her legal guardian (from her father's side) exists—even if there is estrangement between them—he remains her guardian. If she is being harmed by this situation, she must bring her case before a judge. Many people have come to me with similar issues: the woman tries to contact her paternal relatives, but they say to her: "We have nothing to do with you; there is nothing between us; we do not know you; we did not raise you." She says: "I want to marry; marry me off." In such a case, she should raise her matter to the judge, and the judge will rule on it. As previously mentioned, if no Shari'ah judge is available, then a student of knowledge takes the place of the judge in issuing a ruling, but not merely giving a fatwa.