The Permanent Committee for Scholarly Research and Legal Verdicts, headed by Shaykh ‘Abdul-‘Azeez ibn Baaz [d.1420] (may Allaah have Mercy on him), was asked about the step-father and maternal uncle of a young lady – Can they take the position of the walee (legal guardian or representative) in a valid marriage?
The step-father is not a (valid) walee for his step-daughter, and nor is the maternal uncle (from her mother’s side). Instead, only the male inheriting blood relatives can be legal representatives (for marriage), the closest of them in relation having the priority – the father being first, then the grandfather, and then the son, and then her brother (from both parents), and then her half-brother (from her father’s side), etc.
And through Allaah (alone) is succes. May Allaah raise the rank of our Prophet Muhammad, and grant him, his family, and his companions peace.
[Shaykh] ‘Abdul-‘Azeez ibn ‘Abdillaah ibn Baaz
[Shaykh] ‘Abdur-Razzaaq al-‘Afeefee
[Shaykh] ‘Abdullaah ibn Ghudayyaan
Source: Fataawaa al-Lajnah ad-Daa’imah (18/174)
Translated by : Moosaa Richardson