Wali Requirement
Natasha Mulhearn
The responsibility of a guardian in marriage is to help a female in selecting her husband. Usually, a female can hardly dig into essential information about a man, so a guardian, like a father, does his best for the interest and welfare of that woman.
[However, according to Imam Abu Hanifah, a lawful guardian is not required if the woman is non-virgin (i.e. married before) or a virgin. Dawud Az-Zahiri, however, holds that a lawful guardian is needed in case of a virgin, and not the non-virgin woman who got married before.
If the person is acceptable in both his religion and his character and appropriate to her in some other way discussed by the scholars, then he must facilitate the marriage and not refuse it for his own desires or biases.
At times, people spend thousands upon thousands in feeding people, a sum that can be used for other indispensable needs of the Muslims. And if the intention behind spending such an amount is to show-off, then this will be regarded a grave sin.
The idea here is to feed people with sincerity and simplicity. If one feeds people the simplest of meals but from the heart, then that is far better (and the food is also more enjoyable) than feeding them quality food, where the intention is not so sincere.
Walaikum Asalaam,
This is a question for someone with credentials in the jurisprudence of marriage law (faqi). It is best that you find someone qualified in this subject to answer your question. JazaikAllah hu Chairman.
In my humble opinion a child, woman, girl or man is not any different whether conceived in or out of wedlock. The onus of the sin of adultery or fornication producing that child falls on both parents, not the child. Islam does not punish the child for the sins of the parents. If there is no father than the local Imam can stand in as Wali. Allah knows best!
Assalaamualaikum, if anyone can help inshaallaah, My husband wants to be a waali for a woman but he never met her, he only knows the brother, the sisters father is not on his din, and no one else in her family is muslim. is it okay for my husband to be her waali even though he dosent know her?
Walaikum Asalaam wa Rahmatullahi wa barakatahu,
I am not a mufti but from what I know he can be a wali of a woman (a convert) who does not have a muslim male relative and she has hitherto not been previously married if he is the Imam. Is he the Imam of your community or her community?
A wali has many serious responsibilities, he has to check out the man she is marrying and make sure it is not a fraud, if he is not an Imam and does not know her that would be out of line, I think. However it is best to consult a local Imam for the correct ruling in these circumstances.
Allah knows best. Please keep us posted as many are reading this conversation to learn.
I am a female revert and the only Muslim in my family. I chose my Wali, he is one of the brothers who supplied me with correct information on Islam and helped me during my journey. Is he a valid Wali if he is of no kinship to me? If our Imam gave him permission to be my Wali does that make it valid? If I am a revert with a child do I need a Wali? Thank you, Bissmillah.
Walaikum Asalaam,
As far as I know and I am not a faqi: A divorced woman does not need a Wali, but it is good to have a Wali so that he can check out the person you are marrying without the rose colored glasses and also make sure that he negotiates a decent Mahr (marriage gift) and makes sure all the valid formalities of marriage are completed.
Usually for reverts with no muslim family the Imam serves as the Wali, and the man (groom) becomes accountable to him.
Alhamdollilah now you will have muslim family of three inshallah!
Okay great. Thank you so much for your help. I also have another question; if you do not mind. With the role of the Wali, is the Wali suppose to mediate between the two individuals who are looking to marry? To go into detail a little; my Wali only wants me and the male to communicate with him present. Is that a cultural practice or is it the Islamic way of getting to know someone who you are interested in becoming your partner? I find it a little difficult because there is a third party in our conversation and that can create an awkward situation. Thank you so much again.
ASA, sister Rabia, It is best to ask your local Imam if your nikkah is valid given the circumstances. We are just lay people and cannot give you a ruling. From our vantage it sounds okay as long as you gave your Wali the permission to say yes on your behalf.
Jazaikallah hu Khairan!
ASA, Sister Juliet, it is best to sit down with your mother and father and discuss what their concerns are and lay them to rest. If they are related to the logistics and rulings in Islam, please visit your local Mosque and discuss with the Imam.
May Allah make it easy on you.
A wali is needed for the bride-to-be in marriages where the bride has never been married before, or is so young or such a new Muslim as to be liable not to be able to differentiate between good and wayward Muslim men or is simply new to the ways of the world.
what i mean is, i hv heard that if our family dont want us to marry, while we know and believe that the guy we choose, is muslim and practising Islam, and he can be our imaan, can we marry with waali hakim to replace my waali (because they dont agree us to marry). How the condition in order to fulfill us able to marry w/ waali hakiim?
Its sad to see how many of the Muslims are so engulfed in cultural practices that those practices are given precedence over what Islam teaches us. And its even more sad when many of those practices are contrary to the teachings of Islaam.
Walī (Arabic: ولي, plural ʾawliyāʾ أولياء) is an Arabic word primarily meaning primarily "ally", from which other related meanings with Islamic cultural tones derive, such as "ally of God" or "holy man/saint",[1] etc.[2] "Wali" can also mean a "legal guardian", or ruler;[3] someone who has "Wilayah" (authority or guardianship) over somebody else, and in fiqh (Islamic jurisprudence) is often "an authorized agent of the bride in concluding a marriage contract (Islamic Law)",[2]
Traditionally, girls and women in Saudi Arabia, have been forbidden by law from travelling, obtaining a passport, conducting official business, obtaining employment, concluding a marriage contract, or undergoing certain medical procedures without permission from their guardian, who must be an adult Muslim male.[4] However in 2019 these guardian restrictions on adult women in Saudi Arabia were lifted from traveling, undergoing certain medical procedures, obtaining passports, employment.[5][6]
In the Islamic Republic of Iran, the Supreme Leader of the government is a wali al-faqih (guardian jurist), under the principle advanced by the Ayatollah Ruhollah Khomeini that "in the absence of an infallible Imam", Islam gives a just and capable Islamic jurist "universal" or "absolute" authority over all people, including adult males.[7]
Most Muslim scholars have held that in order for the nikah (marriage) of an adult woman to be valid, there must be consent not only of the bride and groom but also of the bride's wali mujbir, her male guardian.[citation needed] This view is held by most Muslim scholars and schools of fiqh, but the Hanafi school holds that the wali's permission is not necessary for the Nikah.[9]
The wali is typically the father or, failing that, another male relative, and failing that a qadi (Islamic judge). This order of succession of who may serve as a wali is often spelled out by jurists,[10] such as in this list written by Ibn Abd al-Wahhab: if the father is otherwise unavailable guardianship should be assigned
first to the woman's brother, then to the paternal grandfather than to the woman's son.... [then it] passes to the tribe of the brother, unless it is low/base/despicable, ... [then the] paternal uncle takes over, followed by his son, then other relatives in paternal relationships. ... Maternal relative only have a claim to marriage guardianship if there are not paternal relatives. ... the sultan or political leader may serve as the marriage guardian ... only if he is a just man .... Thus the critical factor in selecting an alternative marriage guardian is the man's adherence to justice, not his political position.[11]
The Hanafi school of Islamic law is unique among Sunni madhhab (school of jurisprudence) in recognizing the validity of a marriage where the woman acts on her own behalf and is not represented by a male wali.[9][12][13]
At least in the Hanafi school of fiqh, there is a distinction between a Wali ijbar and a wali ikhtiyar. A wali ikhtiyar does "not have the authority to force", and cannot arrange a marriage without the bride's permission. The marriage requires "a verbal answer" from the potential bride to go ahead.[14]
The founder of the Hanbali school, Ahmad ibn Hanbal, believed that the wali ijbar was the right of the father or, if there was no father of a judge (similar to Malik's position), with other imams that the role of a wali ikhtiyar "could be taken by all kinds of wali", not necessarily a relative on the father's side of the family.[14]
While a husband or a mahram can not be a wali, of their wife, they do have "protector" status over them, and are sometimes referred to as "guardians" of their wives and families in English language sources.[15][16]
According to Human Rights Watch, as of mid-2023, some Muslim countries do not allow women to "leave their homes without permission from their husband or other guardian without facing possible sanction" -- namely, Iran, Iraq, Kuwait, Bahrain, Qatar, UAE, Oman, Yemen, Saudi Arabia, Egypt, Palestine, Lebanon, Jordan, and Syria.[17]
In Yemen, as of 2005, women are not legally permitted a passport without the approval of their wali, but are allowed to travel without permission once they have a passport. However, law enforcement often disregard this freedom and "restrict a woman's right to travel if her guardian disapproves and reports her to the authorities."[18] In 2013, according to Rothna Begum, of Human Rights Watch, women could not leave their house without her husband's permission, with a few emergency exceptions, such as taking care of ailing parents.
93ddb68554