Wednesday, April 17, 2024
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Wali for marriage

Fatwaa ID: 907

Question:
As salaamu alaykum shayoukh, I pray that you are all doing well, ameen.

I was referred to this group by some folks of knowledge as I had a circumstance-specific question.

I am President of the MSA at my university and Alhamdulillah, by Allah’s grace, we have many students who have reverted to Islam in our community.

Amongst them are a sister who comes from a hindu family and is seeking marriage in the near future. But due to her lack of knowledge and limited interaction with brothers, she has approached me to serve the role of her wali, as I am in a position of leadership. She is quite confident that if she tells her parents that she has become muslim and wants to get married to a muslim man, they will not be supportive of her and may kick her out of her home. Due to this, she cannot appoint any of her family members (father, grand father, uncle, brother) as her wali.

My research has shown that in the hanafi school of thought, it is not required that she has a wali. But, in her situation, she needs the guidance and advice through the process.

My questions today are:

  • Is she allowed to appoint a wali by herself? In other words, can she choose her own wali?
  • If so, what would be the duties and responsibilities of the wali?

My understanding is that in the context of marriage, the wali’s job is to vet the potential brother seeking the sister’s hand. However, I am not a scholar of any sort and I am here today to seek naseeha.

May Allah reward you all without limits and allow you all to experience Ramadan.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala accept your services and allow you to serve your position in a manner pleasing to Allaah Ta’aala. May He bless your MSA and keeps its members steadfast upon the Deen.

In principle, the Hanafi legal school does not require the consent of the wali for the validity of nikaah. The other legal schools however do require the consent or representation of the wali. This is to protect her honor and interests. In the absence of the true wali, the qadhi or caliph or someone appointed by them may serve as the wali. In their absence, the local imaam or any upright person with a genuine leadership role or influence may serve as the wali. The bride may appoint or choose her wali in such a case. The wali will act in the best interests of the bride, ensuring her honor and wellbeing are not compromised.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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