Guardian in Nikah and Shariah Distribution of Inheritance
Source: Fatāwā Rāshidiyyah, p. 588
Question:
Karṛ Khan passed away, leaving behind one son (Muḥammad Bakhsh), three daughters, and one wife (Sughṛ). Later, Sughṛ married her brother Baloch Khan, and from this marriage, one daughter (Bēbal) was born.
When Baloch Khan died, Bēbal was raised by her half-brother Muḥammad Bakhsh, even though her uncle Lāl Muḥammad was alive but took no responsibility for her upbringing.
Now, Lāl Muḥammad claims that as uncle, he has the right to be Bēbal’s guardian (walī) for her marriage, while Muḥammad Bakhsh, who raised her, also claims guardianship.
The questions are:
① Who will be the rightful guardian (walī) for Bēbal’s nikāḥ — her uncle Lāl Muḥammad or her half-brother Muḥammad Bakhsh?
② How will Baloch Khan’s inheritance be divided?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!
① Guardian in Nikāḥ
In this case, the rightful guardian (walī) for Bēbal’s marriage is her half-brother, Muḥammad Bakhsh. Her uncle Lāl Muḥammad has no authority in this regard.
Reasons:
- Muḥammad Bakhsh is the closer guardian (walī aqrab).
- Guardianship in marriage requires compassion and genuine concern, which Lāl Muḥammad has not shown, while Muḥammad Bakhsh has.
Evidences:
- Fiqh al-Sunnah (p. 133):
“There is no doubt that some relatives are more entitled to guardianship than others: fathers and sons take precedence, then full brothers, then paternal or maternal brothers, then nephews from brothers and sisters, then uncles and maternal uncles, and so on.”
- Fatāwā Naẓīriyyah (vol. 2):
Reported from Ibn ʿAbbās رضي الله عنه: ‘There is no marriage without a guardian who provides guidance and authority.’
② Division of Inheritance (Baloch Khan’s estate)
If his estate is assumed to be 1 rupee:
- Wife receives 1/8 = 2 āna (12.5%).
- The remaining 14 āna is divided:
- Daughter Bēbal: 7 āna (50%).
- Brother Lāl Muḥammad: 7 āna (37.5%).
- Nephew Muḥammad Bakhsh: excluded (no share).
Decimal (Modern) Distribution – Total = 100%
- Wife = 12.5%
- Daughter = 50%
- Brother = 37.5%
- Nephew = 0%
Conclusion:
- The walī for Bēbal’s nikāḥ is her half-brother Muḥammad Bakhsh, not her uncle.
- The inheritance is divided as: wife 12.5%, daughter 50%, brother 37.5%. The nephew receives nothing.
ھذا ما عندی واللہ أعلم بالصواب
