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Guardianship In Relation To Marriage

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Chapter Summary

According to classical Shariʾah doctrines, guardianship in the above respect falls into two categories: (1) Guardianship with the right of compulsion; and (2) Guardianship without the right of compulsion. According to the Sunni schools, marriage guardians have to be agnates. If there are no agnates, guardianship next passes to family members according to how close in relationship they are. If there are none such, guardianship then becomes vested in the Head of State and his delegate, notably the judge. Marriage guardianship can never pass to the mother, the father's mother, or any other agnate or cognate relative in the absence of a father, an agnate grandfather, or a legal guardian, but has in those circumstances, to be vested in the judge.

Keywords: guardianship; marriage; Shariʾah; Sunni



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