Who is the guardian in case of marriage?

Guardian means a person who takes care of both minor child and minor’s property. There are two kind of guardian by nature i.e.

1.      Natural Guardian; &

2.      Legal Guardian;

1.      Natural guardian :

Natural guardian is she who can take only custody of the minor child. In case of states, natural guardian has some restrictions which must be performed by her. Generally, following persons are entitled to be a natural guardian;

                    i.            Mother, (Actual natural guardian)

                  ii.            Mother’s mother,

                iii.            Father’s mother,

                 iv.            Mother’s grandmother,

                   v.            Father’s grandmother,

                 vi.            Full sister,

               vii.            Uterine sister etc.

2.      Legal guardian :

Legal guardian is one who can take property of the minor child. In case of states, legal guardian has the legal validity/ legal authority in the eye of law as well as court. Generally, following persons are entitled to be a legal guardian;

                    i.            Father, (Actual legal guardian) or

                  ii.            Father’s father, or

                iii.            Brother, or

                 iv.            Father’s grandfather, or

                   v.            Paternal uncle, or

                 vi.            Maternal uncle etc.

In case of marriage, father is the legal guardian. In marriage father’s consent is must if the bridge is minor one.

To whom a Muslim cannot marry?

 

3.      For Male :

A Muslim male cannot marry his blood relatives which is known as consanguinity. Consanguinity means blood relationship and bars from marrying :

1.      his mother/grandmother (h.h.s.),

2.      his daughter/grand-daughter (h.l.s.),

3.      his sister whether full/consanguine/uterine,

4.      his niece/ great-niece (h.l.s.),

5.      his aunt/ great aunt, whether paternal/maternal (h.h.s.) ,

6.      his wife’s mother,

7.      his wife’s daughter etc.

4.      For Female :

A Muslim female cannot marry his blood relatives which is known as consanguinity. Consanguinity means blood relationship and bars from marrying :

1.      her father/grandfather (h.h.s.),

2.      her son/grand-son (h.l.s.),

3.      her brother whether full/consanguine/uterine,

4.      her Uncle / great uncle, whether paternal/maternal (h.h.s.) ,

5.      her husband’s father,

6.      her husband’s son etc.

Written With The Help Of Refference Book:

1.       Mulla’s Principles Of MAHOMEDAN LAW  (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

2.       Text  Book Of MOHAMMEDAN LAW  (23^rd Edition)

Written By: Aqil Ahamad (India).

3.       MUSLIM LAW  (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

4.       Text  Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).

5.        MUSLIM LAW  (1^st Published-March,2012)

2^nd Pirnt: August,2013

Written By: Salena Akter;

A.N. M Arifur Rahman;

Md. Jahid Hossain Dolon(All are Bangladeshi).

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