Priorities in guardianship on the basis of lineage
Priorities in guardianship on the basis of lineage

Book:

The book of Marriage -

Chapter:

The Conditions of the Contract

Section:The Guardians
Topic/Issue:4008 - Priorities in guardianship on the basis of lineage --
Opinions:
Opinion FromOpinionExplanation
Imam MalikGuardianship is allocated among residuaries, excluding the son (in the case of the mother), thus, whoever is the closest from among the residuaries has the right to be a guardian. The sons, according to him, even if in the lowest rank of descendants, have a higher priority. They are followed by the fathers, uncles german, consanguine uncles, sons of the brother german, sons of consanguine broHe used tradition of Umm Salama "that the Prophet (God's peace and blessings be upon him) ordered her son to give her away in marriage himself", and also because they agreed that the son inherits the obligatory guardianship of his mother (in other matters)
Imam ShafiThere is no guardianship for the son. The brothers have priority over Uncles. He didn't considered son among the residuaries because of the narration from Umar (RA)
Evidences :Hadith of Umar [Hide/Show]
Tags :Worship,Marriage, Wali, Guardian,Rusdhd,
See Also:Is guardianship a condition for the validity of the contract of marriage?
Priorities in guardianship on the basis of lineage
References:2[pg:13]
Last Updated:2011-09-18

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