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The question

Who is the guardian of a girl whose father has passed away, and she has paternal uncles and brothers, some of whom curse religion, and one of whom is a minor, and she is not content for her guardian to be someone who curses religion?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For a marriage to be valid, it must be contracted by the woman's guardian (wali) or his proxy, in the presence of two Muslim witnesses, based on the Prophet's (peace and blessings be upon him) sayings: "There is no marriage except with a guardian," and "There is no marriage except with a guardian and two just witnesses."

The guardian is: the father, then the paternal grandfather, then the son, then the full brother, then the half-brother (from the father's side), then their sons, then the paternal uncles.

If cursing the religion constitutes disbelief and expulsion from the faith, then the one who curses it cannot be a guardian in marriage, based on Ibn Qudamah's statement: "As for the disbeliever, he has no guardianship over a Muslim woman under any circumstances, by the consensus of the scholars." However, if he did not intend to curse the religion of Allah, and it was a bad habit, or if he repented after cursing, then he can be a guardian.

In the case of multiple brothers, the guardianship belongs to all of them, and it is preferred to prioritize the eldest and the most virtuous. If one of them marries off the woman with her consent, the marriage is valid.

If there is no righteous guardian or if they refuse, the guardianship transfers to the Sharia judge, based on the Prophet's (peace and blessings be upon him) saying: "The ruler is the guardian of those who have no guardian." If there is no judge, then one of her trustworthy relatives from her mother's side undertakes her marriage.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
190753
Imported
Translation status
Source text, unreviewed
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