Who is a guardian under Muslim law?

Last updated on May 12, 2022

The right to contract the marriage of a minor or a person with unsound mind in marriage belongs to the following sets of people who are guardians:(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.330.))

  • Father.
  • Paternal grandfather how high so ever.
  • Brother and other male relations on the father’s side.

If these paternal relations are not there then the right goes to:

  • Mother.
  • Maternal Uncle or aunt and other maternal relations.

Under the Shia school of Law, the only guardians for marriage for minors are the father and the paternal grandfather.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.346.))

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