Excerpted from the book “Ahkām wa Masā’il – In the Light of Qur’ān and Sunnah” by Shaykh Mubashar Ahmad Rabbānī
Can an uncle (paternal) become a walī (guardian) for marriage in the presence of the father? Please explain the ruling in the light of the Qur’ān and Sunnah.
This is not permissible.
Imām Ibn Qudāmah رحمه الله states:
لزوج المرأة الولي البعد مع حضور الولي الأقرب بغير إذنه فإن أجابت إلى زوجها فالعقد فاسد
[al-Mughnī 7/364]
“If a distant walī marries off a woman while her closer walī is present and has not granted permission, then the marriage is invalid—even if the woman agrees to the marriage.”
① Wilāyah (guardianship in marriage) is based on ‘Aṣabah (paternal relationship).
Just as distant ‘aṣabah (agnatic relatives) are deprived of inheritance in the presence of closer relatives, similarly, in matters of marriage, the right of guardianship also lies only with the closest male guardian.
② This order of preference in guardianship is proven through authentic ahādīth, just as it is proven in matters of inheritance.
③ It is also a recognized fact that the closest walī is more concerned and sincere regarding the interests of the woman. In terms of compassion and care, he is also more suitable than the distant relatives.
✔ However, if the closer walī (e.g., the father) grants permission to a distant relative (like an uncle) to act as a walī, then there is no harm in this delegation.
وَاللهُ أَعْلَمُ
❖ Question:
Can an uncle (paternal) become a walī (guardian) for marriage in the presence of the father? Please explain the ruling in the light of the Qur’ān and Sunnah.
❖ Answer:
This is not permissible.
Imām Ibn Qudāmah رحمه الله states:
◈ Arabic Text:
لزوج المرأة الولي البعد مع حضور الولي الأقرب بغير إذنه فإن أجابت إلى زوجها فالعقد فاسد
[al-Mughnī 7/364]◈ English Translation:
“If a distant walī marries off a woman while her closer walī is present and has not granted permission, then the marriage is invalid—even if the woman agrees to the marriage.”
❖ Reasoning Behind the Ruling:
① Wilāyah (guardianship in marriage) is based on ‘Aṣabah (paternal relationship).
Just as distant ‘aṣabah (agnatic relatives) are deprived of inheritance in the presence of closer relatives, similarly, in matters of marriage, the right of guardianship also lies only with the closest male guardian.
② This order of preference in guardianship is proven through authentic ahādīth, just as it is proven in matters of inheritance.
③ It is also a recognized fact that the closest walī is more concerned and sincere regarding the interests of the woman. In terms of compassion and care, he is also more suitable than the distant relatives.
❖ Important Note:
✔ However, if the closer walī (e.g., the father) grants permission to a distant relative (like an uncle) to act as a walī, then there is no harm in this delegation.
وَاللهُ أَعْلَمُ
