the sister’s guardianship, and he then said that a contract executed through a power of attorney had reached him from his homeland, and that he later married her in the presence of witnesses. We do not know what form that contract took, who conducted it, or before which scholars it was carried out; the matter therefore remains problematic. He must therefore contact the sharīʿah court, or the Presidency of Scholarly Research and Iftāʾ in Riyadh, meet with them in person, explain his case, and—God willing—he will receive the correct guidance.
An Invalid Contract
Question: A young woman wished to marry her paternal cousin, and her uncles are the ones authorized to arrange her marriage. They nevertheless refused to marry her to her cousin—the man she wants and who wants her—claiming that there is ill feeling and discord between them. She found no one to take charge of her marriage, so they went to the judge. When he asked her about her guardian she said, “This is my brother,” meaning her uncle, so the judge refused to conclude the marriage between them. The girl then returned and appointed her paternal aunt’s son as her proxy; he undertook her marriage, the judge accepted his guardianship, and the marriage was concluded. Is this marriage considered valid, and if not, what must they do now?
Answer: First, we advise her paternal cousins not to allow the misunderstanding between them and the suitor to affect the girl, her future, and her marrying someone who is suitable for her and to whom she is suitable. They must fear Allah and must not prevent this girl from marrying the compatible man who seeks to marry her merely because there is some disagreement and personal motives between them. What sin has she committed that she should be deprived of her benefit and her suitable match? They should fear Allah and discharge the trust that Allah has placed upon them.