Authored by: Shaykh Mubashar Ahmad Rabbani (حفظہ اللہ)
"If a distant guardian conducts the marriage of a woman in the presence of her closer guardian, without the latter’s permission, and the woman consents, the marriage contract is invalid."
(Al-Mughni, Vol. 7, Pg. 364)
This ruling is based on the principle of priority in guardianship, which follows the hierarchy of inheritance (asabiyyah). Just as distant relatives are excluded from inheritance when closer relatives are present, the right of guardianship in marriage also prioritizes the closest relatives. The father, being the nearest guardian, holds precedence over all others in ensuring the woman’s welfare and interests.
And Allah knows best.
Question
Can the paternal uncle (chacha) act as the guardian (wali) for a woman in marriage while her father is present? Please provide clarification based on the Quran and Sunnah.Answer
It is not permissible for a distant guardian (wali) such as the paternal uncle (chacha) to act as the woman’s guardian in marriage while her father, the closest guardian, is present and has not granted permission.Scholarly Opinion
Imam Ibn Qudamah (رحمه الله) states in Al-Mughni:"If a distant guardian conducts the marriage of a woman in the presence of her closer guardian, without the latter’s permission, and the woman consents, the marriage contract is invalid."
(Al-Mughni, Vol. 7, Pg. 364)
This ruling is based on the principle of priority in guardianship, which follows the hierarchy of inheritance (asabiyyah). Just as distant relatives are excluded from inheritance when closer relatives are present, the right of guardianship in marriage also prioritizes the closest relatives. The father, being the nearest guardian, holds precedence over all others in ensuring the woman’s welfare and interests.
Key Points
- Priority of the Father:
- The father, as the closest wali, is most concerned with the woman’s well-being and is naturally more protective and compassionate. Therefore, he has the primary right to act as her guardian in marriage.
- Role of Other Guardians:
- A more distant guardian, such as the paternal uncle, cannot assume the role of wali without the father’s explicit permission.
- Exception:
- If the father delegates this responsibility to another guardian, such as the uncle, then it is permissible for the uncle to act as the wali.
Conclusion
It is impermissible for a paternal uncle to act as a woman’s wali in marriage while her father is present unless the father explicitly authorizes him. If the uncle performs the marriage contract without the father’s permission, the contract is deemed invalid.And Allah knows best.