MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Akad nikah

📜 Akad nikah · #62

The father has died. May the mother act as her daughter's marriage guardian?

According to the Shafi'i school and the law in Malaysia, a mother cannot be the marriage guardian; guardianship passes to the paternal grandfather, brothers and so on, or to a judge-appointed guardian if there is none.
The Prophet ﷺ said there is no marriage except with a guardian (Sunan Abu Dawud 2085), and in the Shafi'i school the guardian must be a male agnatic relative on the father's side. This does not lower the mother; her role in choosing and advising is very important, and her blessing and views should be heard. At the ceremony, the mother may sit beside her daughter, give advice and pray. If a brother is still a child or there is no eligible guardian by kinship, the religious office will determine the right guardian, including a judge-appointed one. See the order of guardians.

Sources

Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Surah an-Nisa' 4:34
← PreviousMay the mahr be paid by the groom's father or family?Next →May a marriage contract be held in a hospital, at a sick person's home, or in another unusual place?

Related questions

May a stepfather or a half-brother act as marriage guardian?A stepfather cannot be guardian because he is not a guardian by kinship; a half-brother through the mother only is not a guardian either, but…My father does not pray and is considered sinful (fasiq). Is he valid as my marriage guardian?In the practice of Malaysia's religious authorities, a father who is still Muslim is generally still accepted as guardian…Who is the marriage guardian for a woman born outside a lawful marriage?A judge-appointed guardian (wali hakim). A child born outside lawful marriage is not attributed to the man who fathered her, so he and his…Can one marry a woman pregnant out of wedlock?This is a disputed issue. The Shafi'i school permits a contract with a woman pregnant through zina, whether by the man who committed zina with…May the bride's father or brother be a witness to the marriage?Generally, family members may be witnesses provided they meet the conditions for witnesses, except a person acting as…May women be witnesses to a marriage?In the Shafi'i school, marriage witnesses must be two men; women witnesses are not sufficient to validate the contract. This…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.