She does not have any wali (guardian) for the purpose of marriage

She does not have any wali (guardian) for the purpose of marriage

Shaykh Ibn Baaz (may Allah have mercy on him) said:

If the woman is in a country where there is no wali –

  • no brother,
  • no father, and
  • no paternal cousin

– then the ruler takes the place of the wali; her wali is the ruler, 

Because the Prophet (Sallallahu a’alaihi wa sallam) said:

“The ruler is the wali of the one who does not have a wali.” So the ruler takes the place of her wali and becomes her wali; he may give her in marriage or appoint someone else to give her in marriage.

If she is in a land where there is no :

  • (Muslim) ruler,
  •  qaadi or wali,

as in the case of Muslim minorities in non-Muslim countries, then the director of the Islamic Centre may give her in marriage, if there is an Islamic centre, because his position is like that of the ruler for them.

  • The director of the Islamic Centre may look at her case and give her in marriage to one who is compatible, if she does not have any guardians of her own and there is no qaadi.
  • If the wali lives far away, he should be corresponded with ot spoken to until he appoints someone as his proxy (wakeel).
  • But if it is not known where he is, then the next closest wali takes his place; the one who is most closely related to him takes his place.
  • If she has no wali except this absent one whose whereabouts is unknown, then the ruler takes his place.

http://audio.islamweb.net/audio/index.php?page=FullContent&audioid=290408

About `La illaha illa Allah

Pray your Salah and be good to others too, When you remember Allah, He remembers you. Do you know when you hear or recite the Qur'an, Allah is telling you that He is the One.

Posted on August 13, 2015, in Women in Islam / Childrens Upbringing and tagged . Bookmark the permalink. 2 Comments.

  1. What if the father refuses to be a Wali for the woman because of racial lines?

    Like

  2. Assallamu’alaikum warahmatullah wabarakatuhu

    Jazakillahu khayran for da ask…

    Marriage is not valid except with a wali (guardian), and a woman has no right to marry herself, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

    If this man is good in terms of religious commitment and character, and you want to marry him, then tell him to approach your guardian (wali), and tell your guardian about his good qualities and that you accept him.

    If your father agrees to accept him as a husband for you, then praise be to Allah.

    If he refuses and gives an acceptable reason for that, then it is not permissible for you to try to marry him through the imam of the mosque or anyone else, because there is saheeh evidence that the approval of the guardian is a condition of marriage being valid and that it is not permissible to overlook him so long as he is not unjustly preventing marriage. Unjust prevention of marriage means preventing a woman from marrying a compatible man of whom she approves.

    Marriage is not permissible and is not valid except with a wali, according to the majority of scholars, because of the words of the Prophet (peace and blessings of Allaah be upon him): “There is no marriage without a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

    And he (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali and two witnesses of good character.” Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami’ 7557.

    Like

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