Ruling on the Guardianship of a Foreigner over the Marriage Contract of a Woman When the Relative Guardian is Unavailable The Uncle as a Model

Abstract

Abstract:

The research talks about the ruling on the guardianship of a foreigner over the marriage contract of a woman when the relative guardian is unavailable. The research methodology is the descriptive analytical approach and the comparative approach،  and the study is comprised of an introduction and two chapters. The introduction encompassed the problem and the importance of the research،  which seek to identify the jurisprudent challenges that face a Muslim woman in the guardianship of her husband and to display the controversial opinions.

In the first topic: the study talked about guardianship and its types،  and the ruling on the guardianship of a woman in marrying herself،  and a statement of the sayings of the jurists and their evidence in that.

In the second topic: the study discussed the ruling on the guardianship of a foreigner،  the marriage contract of a woman when the relative guardian is unavailable. In addition،  it presented the concept of the guardian،  and the legal and jurisprudential evidence that indicate the validity of the guardianship of the most distant one when the closest guardian is not present،  his weakness،  or his loss،  then the statement of the opinion of contemporary jurists in the guardianship of the maternal uncle and conditions thereof.

The study concluded with a conclusion containing the results and recommendations،  the most important of which are:

• It is legally established that there is no marriage without a guardian، and that the maternal uncle is not a relative guardian of the woman، and he is not a guardian in the presence of the closest guardian unless he appointed him or if the closest guardian did not exist،  or the maternal uncle was one of the women's cousins.
• In case of the absence of the closest guardian، or his invalidity، the guardianship is transferred to the furthest from them or to others such as a foreign man of righteousness among the Muslims and the judge،  and that the maternal uncle is the closest of the farthest to the woman.
• The researcher recommended granting the sane adult woman her freedom to choose her guardian for marriage when the closest guardian is not present.
• He recommended breaking the jurisprudential stagnation and sectarian intolerance، and reviving the virtue of correct understanding of the rulings of legitimacy.