Don’t Play Games with Wilaayah (the Right of Being the Walee for a Marriage)

In the Name of Allaah…

In the West, it is not too uncommon to find a woman who disputes with her father about a potential spouse, who then goes to an Islamic center to get another walee (legal representative for the marriage) appointed for her, so she can get married without the father’s permission.

Sometimes, another relative is brought in to take the father’s place, and other times a walee is requested to be appointed from outside of her family.

Let’s be perfectly clear here – Playing games with wilaayah (the right of being the walee) can lead to the marriage contract being invalid, even if it has stamps and seals, with many witnesses and corroborators!

Legislated Ranks of Wilaayah in Marriages

Let us take a moment to be clear on the legislated ranks of wilaayah in a marriage contract.  The following are the order of ranks, each of them being sound-minded adult men of the same religion:

  1. Father
  2. Grandfather (from the father’s side)
  3. Great Grandfather (from the father’s side)
  4. Son
  5. Grandson
  6. Great Grandson
  7. Oldest Full Brother
  8. Next Oldest Full Brother (and so on…)
  9. Oldest Half-Brother (from the Father’s side)
  10. Next Oldest Half-Brother (from the Father’s side, and so on…) [1]
  11. Oldest son of a Full Brother (Nephew)
  12. Next Oldest Son of Full Brother (Nephew, and so on…)
  13. Oldest Son of a Half-Brother from the Father’s side (Nephew)
  14. Next Oldest Son of a Half Brother from the Father’s side (Nephew, and so on…)
  15. Grandson of Full Brother (oldest first)
  16. Grandson of Half-Brother from the Father’s side (oldest first)
  17. Oldest Paternal Uncle
  18. Next Oldest Paternal Uncle (and so on…)
  19. Oldest Son of Paternal Uncle (Cousin) [2]
  20. Next Oldest Son of Paternal Uncle (Cousin, and so on…)
  21. Oldest Great (Paternal) Uncle
  22. Next Oldest Great (Paternal) Uncle (and so on…) [3]

Important: Each of the above mentioned walees has the right to appoint someone to act on his behalf.  So in this case, if the father appoints the brother to act as the walee, then he is the official and legally accepted walee, even in the presence of the grandfather, since the brother is the father’s chosen trustee and takes his place.

After these relatives have been exhausted, then a woman may seek to appoint a walee from outside her family through the Muslim authorities.

Any violation of this order of rank – for example, excluding the father and getting married with the brother as the walee – leads to the contract being invalid.

Special Cases

A recognized judge may determine that a man is unfit to be the walee, due to special reasons related to his inability, like drunkedness, oppression, irreligiousness, or prolonged absence or refusal to marry her to anyone, etc., In these cases, the judge could appoint the next in rank as the walee.

This is an issue determined by qadhaa (an official court judgment), not something decided by a phone call or an uninvestigated fatwaa.

In some cases, a Muslim woman is from a non-Muslim family, and thus none of her male relatives qualify due to a missing condition of wilaayah, ittifaaq ad-Deen, a common religion.  In such a case, she seeks to appoint a walee other than her male family members.

A Verdict from the Permanent Committee in Saudi Arabia

A question was posed to the Permanent Committee of Scholars in Saudi Arabia, headed at that time by Shaykh Ibn Baaz (d.1420, may Allaah have mercy on him) :

Sometimes a woman’s brother is appointed as the walee in place of her father or grandfather, appointed (by the rightfully ranking walee) and agreed upon.  Is the marriage valid in such a case, when a lesser-ranking walee marries off the woman with the availability of a higher-ranking walee, so long as he agrees?  What is the ruling (in this case)?

They responded:

When a lesser-ranking walee marries off a woman with the availability of a higher-ranking walee without any valid excuse or without him authorizing it (the change of walees), such a marriage contract is invalid, and thus the resulting marriage remains legally ineffective.  This is because such a person has no right to be the walee for the woman, so long as someone more deserving is available, meaning the higher-ranking relative.

However, the next highest ranking walee may take the place of the rightful walee who relinquishes his right to wilaayah.  Also, a marriage contract is also valid and the resulting marriage is legally effective when the rightful walee entrusts someone to represent him as the walee.  This is because it was his right that he gave up and passed on to someone else who takes his place (legally).

Therefore, it is permissible for the brother to marry off his sister, so long as the higher-ranking walee (the father, grandfather, etc.) has appointed him and placed him in charge of the marriage. [4]

And Allaah knows best.

Written by: Moosaa Richardson

FOOTNOTES:

[1] Ibn Qudaamah mentions that there is no differing amongst the scholars that the brother is next in rank after the father, grandfather, son, and grandson.  There is some differing about the ranks of the full brothers and half-brothers on the father’s side, and those who come next in rank as well. (al-Mughnee, 9/358)

[2] The scholars differ over when a cousin wants to marry his ward to himself.  Some scholars allowed him to be the walee and the groom.  Others said he must allow the Muslim authorities to appoint a walee. Others said he may appoint someone himself.  See: al-Mughnee (9/373-375).

[3] al-Mughnee (9/355-370)

[4] Fataawee al-Lajnat ad-Daa’imah (18/174-175), signed by Shaykh Bakr Aboo Zayd (member), Shaykh Saalih al-Fowzaan (member), Shaykh ‘Abdullaah Ghudayyaan (member), Shaykh ‘Abdul-‘Azeez Aal ash-Shaykh (vice-chairman), Shaykh ‘Abdul-‘Azeez ibn ‘Abdillaah ibn Baaz (chairman).

88 thoughts on “Don’t Play Games with Wilaayah (the Right of Being the Walee for a Marriage)

  1. Assalaamu ‘alaykum

    Baarak Allaahu feekum. I have some questions:
    Can i ask whether there is a reason for this hierarchy and why the father’s side given priority over the mother’s side?
    Does the the right of wilaayah apply to male relatives who are upon a deviant sect?
    What are the rights of the walee?
    What should a female do when her walee is irresponsible and does not have the best interest for her?

  2. Assalaamu alaykum wa rahmatullaahi wa barakaatuhu,

    I have a question how about if the brother is younger than the sister is he still allowed to become wali?

    Jazakumullaahu khayran

    • wa alaykumus-salaamu wa rahmatullaahi wa barakaatuh,

      Age is not an issue, so long as the walee is an adult (of sound mind, and of the same religion).

    • In some cases, a Muslim woman is from a non-Muslim family, and thus none of her male relatives qualify due to a missing condition of wilaayah, ittifaaq ad-Deen, a common religion. In such a case, she seeks to appoint a walee other than her male family members.

  3. Assalamu alaykum. What is the responsibility of the walli? Recently here a sister was appointed a wali by a judge in Saudi because her father was not eligable so the judge appointed her a wali from the student of knowledge of Madinah University. However the student of Madinah did not want to be the wali nor did he expect this when seeking the ruling from the judge about the father of the sister in question. He told the sister that he had not expected to be her wali and told her to find a husband and he will perform the nikah, he told he that he only needs to turn up for the nikah and that she should just find anyone and get married. Is it true that the wali does not need to look for a spouse for the sister, and what are the rights of the sister from the wali? JazakAllah khair.

  4. As salaamu alaikum wa rahmatullahi wa barakatu. Is the Father allowed to appoint someone outside of the family to be a sisters wali? Or must it remain on the family on the fathers side, and can he appoint his son in law to be the wali for his youngest daughter?
    BaarakAllah feek.

  5. AsalamoAleykum.

    I want to marry one Arabic girl but her father and family members are not ready just because I am not Arabic. We both are alhamdulilah Muslims and like each other. This is non islamic reason due to which her family is the denial state. now who will be the wali of that girl ?

    • wa ‘alaykas-salaamu. There is no marriage without the walee, and the walee does not become disqualified simply because the girl does not agree with the father’s choices or restrictions. If she is being oppressed, then she needs to complain to the Muslim authorities. No walee change will take place except when a judge within his authority studies the case and makes a decision that the walee is unfit to take care of his ward. And Allaah knows best.

      • Asalamualaikum what do you mean a judge within his authority? Are you referring to laymen who are appointed by the community or set themselves up in the community to deal with the affairs of the Muslims? Scholars are non-existent here, students are scarce, and those who haven’t deviated are even less. So please be explicitly clear about this akhi. May Allah reward you multiple times over.

  6. Assalaamu Alaykum wa Rahmatullaahi wa Barakaatuh,

    What about the muslim woman who is an illegitimate child & does not have any Muslim male relatives except the biological father who committed zina with her mother? Is the biological father supposed to be her wali or does she fall under the following part of this article:

    “In some cases, a Muslim woman is from a non-Muslim family, and thus none of her male relatives qualify due to a missing condition of wilaayah, ittifaaq ad-Deen, a common religion. In such a case, she seeks to appoint a walee other than her male family members.”

    BaarakAllaahu feek

    • Bismillaah…

      As-Salaamu ‘Alaykum wa Rahmatullaahi wa Barakatuhu yaa akhee,

      May Allaah azza wa jal bless you with good – Aameen!

      Regarding the above posted question (also included just below):

      …”What about the muslim woman who is an illegitimate child & does not have any Muslim male relatives except the biological father who committed zina with her mother? Is the biological father supposed to be her wali or does she fall under the following part of this article:

      “In some cases, a Muslim woman is from a non-Muslim family, and thus none of her male relatives qualify due to a missing condition of wilaayah, ittifaaq ad-Deen, a common religion. In such a case, she seeks to appoint a walee other than her male family members.”…

      ——————-
      Question:

      If the act of Zina was before the fathers taking his Shahaadah and reverting to Islaam, is there some specific ruling in this case? More specifically, the father was granted custody by the courts in the West when the girl was 6 yrs of age and he has raised the daughter upon Salafiyyah ever since (12-14 yrs later).

      One additional question, is it permissible for the daughter to seek her own wakeel or have the brother she wants to marry seek a wakeel (and gather his own friends/witnesses on her behalf) in light of the above mentioned due to the father finding out the two of them had been engaging in secret communications and the father would not approve of the marriage? Also, if they found a brother in another state to do the nikah (in light of all of the above and who does not know them, but knows the witnesses), is this marriage valid?

      Barak Allaahu feek wa jazak Allaahu khayran!

  7. asSalaamu alyk wa rahamtullaah wa barakatuh

    How about if the father of the girl, appoints her brother (half brother from her mothers side) as the walee, is the valid? Barakallaahu feek.

    • wa ‘alaykis-salaamu wa rahmatullaahi wa barakaatuh. Whoever the father appoints has more right than anyone else, as he is acting in place of the father.

  8. As’salamu Alaykum Wa’rahmatullaah Wa’barakatuh,

    Thank you very much for the informative information shining light upon it through the lenses of the Qur’aan and the Authentic Hadith with the understanding of the Salaf Us Saaliheen. I have one question akhi. If someone lives in the west and they themselves are upon the Salaf Us Saalih Manhaj but their whole family members are upon the manhaj of the Bidatis such as Bravelis, does that then void the waaliyyah of the list you mentioned above from ones family who are all bravelis? Is it permissible to go to a local salafi masjid and speak to an imaam who may serve as a Waali or is the father still a wali of the daughter? The father isn’t very accepting of marrying their daughter off from out of her family and keeps it strictly within family and all of their family members are bravelis. We don’t have muslim authorities here in US and UK, so can you please help us with what we can do? Jazakallaahu Khair Ameen,

    As’salamu Alaykum Wa’rahmatullaah

  9. Akhi, what do you say about the following statement a Muslim wrote about marriage: “Finally of all the dumb reasons to marry is to ‘stay out of temptation’. I know I have just put myself in line for the Fatawa of all my ‘strong’ brothers who will strike me down with this and that Hadith. But before I go down, let me say to you, my dear sister, in plain words; What he is saying in effect is that he needs a legal means for sex.”

    • The Sharee’ah recognizes mankind’s sex drive, and marriage has been legislated for those who have sexual urges to fulfil their urges in a wholesome way that benefits the human being. Our Prophet (sallallaahu ‘alayhe wa sallam) urged us to get married in order to guard our chastity and lower our gaze – essentially to “stay out of temptation”. For those who cannot afford to get married, he legislated fasting, which he described as a way to restrain or lessen the desires. Those who would refer to the Sharee’ah’s noble goals as “a dumb reason to marry” – if they know these are actual Sharee’ah goals behind marriage – would be outside of Islaam with a statement like that. Who is being criticized with a statement like that? Allaah and His Messenger and the pure teachings of Islaam!

      But we live in the era of “bloggers” who feel free to criticize the Wisdom of Allaah and the Sunnah of His Messenger (sallallaahu ‘alayhe wa sallam). With all the beneficial ways to use the internet to listen to the Quran, the Hadeeth, and the scholars of Islaam, some people choose to waste their lives blogging with words of apostasy like these. If you know the person, advise him/her to fear Allaah, repent sincerely, be quiet, and learn his/her religion.

      The disclaimer, “I have just put myself in line for the Fatwa of all my strong brothers who would strike me down…” does not give a person immunity from the effects of uttering words of apostasy. Instead, this actually indicates that the person knows something about Islaam, at least enough to know that his/her words are wrong. And Allaah knows best.

  10. Assalaamu alaykum wa rahmatullaahi wa baarakatuh, what is the situation of a revert sister in the west who’s maternal brother and only family member who is muslim, from his understanding, automatically takes on the role of the walee and marries her to a brother. He was not appointed by an authority. Is this marriage valid?

    • wa ‘alaykis-salaamu wa rahmatullaahi wa barakaatuh. If she lives in a land with an Islaamic court, she presents herself to a judge there to be assigned a walee. He would most likely be the walee himself or appoint the half-brother from the mother’s side. If she does not have an Islaamic court to go to, she can request the imaam of an Islaamic center to become the walee or appoint one for her, or she may appoint one for herself. In any case, appointing the half-brother in the absence of any other male Muslim relatives is the most logical choice. The half-brother from the mother’s side is not a default walee though. And Allaah knows best.

  11. As’salamu Alaykum Wa’rahmatullaah Wa’barakatuh,

    After reading all of the above and carring out extensive research I still have a question. I understand that first in rank would my father, but what if I have not seen or had any contact with my father for more than 14 years. My parents are islamically divorced. I don’t have paternal grandparents (passed away). I have an older brother.
    Do I still need to ask my father even if he has not played any part in my upbringing and has not shown interest or been in contact for past 14 years?
    Please reply…

    • Wa ‘alaykis-salaamu wa rahmatullaahi wa barakaatuh.

      A marriage contract with your brother as the walee, while your Muslim father has not appointed him, nor has a judge intervened and declared him unqualified to be the walee, such a marriage contract is invalid. This is common in the West due to a number of reasons specific to Western culture, like the cutting off of ties of kinship. While this alone is a major flaw in a person’s Islam, it is compounded by going around the father to get married (illegally) without his involvement. Any woman in this situation must reach out to her father and rebuild the relationship for the sake of Allaah, as the rights of the parents, especially as they get older, is from the most important duties a Muslim must take care of. May Allaah give success.

      • Assalaam aleikum brother Moosa. JazakAllahuKheir for your reply to the sister above. I know its been a while but I hope someone will answer this.
        I think you missed commenting on the fact that her father has not shown interest or contacted his daughter in so many years, inspite of her trying to get in touch.To add to that, what if the other people in line of wali are also not in touch and the Mother and Daughter are completely isolated from their family due to being in another country. Can the Imam act as the wali for the girl or appoint someone as her wali? JazakAllahuKheir

        • Wa ‘alayk as-salaamu. It is the responsibility of whoever appoints a replacement walee to exhaust every way of contacting the rightful walee. The issue cannot be taken lightly, and it must be investigated thoroughly by the court (or whatever person or body is trying to fulfill the role of the Muslim court). And Allaah knows best.

  12. Asalaamualikum wa rahmantullahi.

    Dear brother, may allah perserve u for ur advice…i put myself in this postion too….got married without my fathers consent…and i regret my actions…but alhumdulilla allah has given me the knowleagde now to recitify my issuse….i wanted to ask that after the nikah was done abt a Few months later my father gave consent….does that still make it valid.

    Jazakallah khairun

    • Wa ‘alaykis-salaamu wa rahmatullaahi wa barakaatuh. If your father gave consent and all the other necessary elements were in place, then the marriage is valid, and may Allaah forgive what has passed and bless what is to come. And Allaah knows best.

      • Jazakallahu khairun

        please can u provide me the proof because im in such a big doubt that im still uncertain if he is my husband or not
        May allah reward u.

        • A proof would be the authentic hadeeth of Aboo Moosaa (( لا نكاح إلا بولي )) found in the books of Sunan, which means, “There is no (valid) marriage except through a walee.” The hadeeth is a clear proof that the rightful walee’s approval is required for the legality and effectiveness of a marriage contract. Secondly, it proves that a marriage involving the approval of the rightful walee is a valid marriage contract (so long as all other requirements are fulfilled), and Allaah knows best. For further study of the topic, see this.

  13. I believe I may have asked the question wrongly.. I would like to elaborate,
    * my father accepted the marriage after a few months of marriage.
    *I didn’t redo the nikah when my father accepted.
    * I continued the first nikah still believing its valid.

    • The previous answer was for someone who redid the marriage contract. In this case, the original contract was invalid, and a new contract is needed, this time with your father’s approval, two witnesses, and all other requirements in place. And Allaah knows best.

  14. As-Salaamu Alaykum wa Rahmatullahi wa Barakatu,

    Please forgive the terseness that follows, I aim for brevity, and it became a little long and difficult to articulate.
    1. Can you please clarify the listing positions 12 and 14? It appears the parenthetical “and so on…” has been omitted. Is this intentional or unintentional.
    2. I embraced Islam only 10 years ago, and my mom about 5 years ago, and my step-father a few months after my mom. Am I understanding correctly that they need an Islamic marriage contract for their marriage to be valid?
    3. If yes, I am the only relative to my mom in the listing that appears to qualify as walee, that we know of. We have not been in contact with her father for many years, and he was known to be a liar and a drunkard. Should we track him down (easy for us to do) and find out if he has embraced Islam?
    4. If I am to be the walee, as her son, may I designate a Muslim that is not related to us as walee? I live a little far away, and it would be easier for him to manage the logistics (gathering witnesses, etc.). What if he is not upon salafiya? Do you recommend I manage it despite my distance to avoid any possible bidah?

    If we have made a mistake and my mom and step-father are not in a valid marriage, we wish to rectify it to obey Allah and His Messenger (peace and blessings be upon him) and to avoid serious transgression. We appreciate any help you can offer. Jazakallahu khayran, and may Allah grant you the highest Jannah.

    • Wa ‘alaykas-salaamu wa rahmatullaahi wa barakaatuh.
      1. “And so on…” has been added to points 12 and 14 for clarity. Jazaak Allaahu khayran.
      2. Marriages from jaahiliyyah are valid and not enquired about in Islaam, and Allaah knows best. This is what Shaykh Muhammad ‘Umar Baazmool taught me based on the Prophet’s interactions with the Companions’ marriages from before Islaam.
      3. Track him down firstly to help your mother perform her Islamic duty of dutifulness to him. Then, you will know how to interact with him.
      4. Whoever the rightful walee appoints as his representative (from the family or not) is a valid walee, and Allaah knows best.

  15. Asallamualaikum
    A woman did nikah without her father’s permission. She asked her father about the guy but he was not agree and the husband wants her to take permission from her father then she lied with him, saying her father is agree and she goes to her brother as wali. The woman goes to her father for permission again but he is still not agree and she has a baby girl. How can she make her nikah valid now? [question re-written by admin to conceal identity of questioner]

    • Wa ‘alayk as-salaamu wa rahmatullaah. Upon such a woman is to make sincere repentance to Allaah for a combination of major sins: lying, disobedience to her father, entering a false marriage contract knowingly, which is worse than zinaa (fornication) in her case, since she apparently had knowledge that such an action was falsehood, as well as conspiring to entrap a trusting man into an illegal relationship. Such a person is destroying herself in her short time in this life, as well as severely harming those around her, but her Lord is All-Forgiving for those who turn to Him sincerely in repentance. I do not know how a Muslim court would attempt to rectify such a string of treachery, however I am obliged to remind the sister to hasten to earnestly repent from all those things and seek out those more knowledgeable than myself privately in order to learn how to begin rectifying the harms she has created. And Allaah knows best.

  16. As-Salaamu Alaykum wa Rahmatullahi wa Barakatu,

    I am not sure if my father prays or not. I visited him this summer for a two month period, and I have noticed he does not pray all his salah. In the two months, I have seen him pray once and heard he went to masjid twice and Allah knows best.

    I am in the process of trying to get married and this has worried my mind tremendously, does he qualify as my walee? It has been 4 months since I left him, and I am not sure if he continues prayer or not and I cannot ask him simply because he just says ‘yes yes’ but over the years I have seen otherwise in his actions and my mother requested me not to anger him by asking him again. May Allah guide us all.

    My paternal grandfather prays however he reached his early 90s, and his sanity is in question due to him having hallucinations and hearing voices. My full brother does not pray at all. My half brother and I are estranged because I never grew up with him, last thing I heard of him is that he lived a unislamic lifestyle and Allah knows best. My paternal uncles are younger than my father and if the case (my father being unqualified) he would not let them be my walee and I think he would not let my half paternal brother be my walee too, Allah knows best.

    BaarakAllahu Feek

    • Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. Go to your local court and present your concerns to a judge who handles marriages, if you live in a Muslim country. Otherwise, a person of knowledge or competent student of knowledge should interview your father and grandfather to determine what is best in this situation. And Allaah knows best.

  17. What if the father is upon innovation and she sought a wali who was jamaat tableegh. The brother she is interested in marrying is salafiyyah. The acting wali likes the the brother and feels the sister and brother are good to marry. Is it Islamically correct for him to be her wali, in an unIslamic state, and in a city with no salafi masjid?

    • We are not permitted to act as judges ourselves and remove people’s rights to being the walee. There is no blanket rule that a person of innovation (who has not left Islaam) is to have his right of wilaayah stripped from him. The case can be looked into by a recognized Muslim authority and if the woman is being oppressed, a decision can be made about the walee. And Allaah knows best.

  18. salaam alaykum,

    if a muslim man wishes to marry a chaste christian woman or a chaste jewish woman, is there a walee? a nikkah? a maher?

    if her christian or jewish father objects on the grounds that the husband would be muslim, can they marry in opposition to the father’s objections?

    jazakallah khayr

    • Wa ‘alayk as-salaamu wa rahmatullaah. The scholars mention that the walee must have the same religion as the woman. So, yes, a Christian or Jewish father, as a walee, would have the right to prevent the marriage. And Allaah knows best.

  19. As Salaamu alaikum
    Do you have any information for a now practicing, almost 30 year old woman who has never been married. Her family say they will let her marry but when she asks them about it, they say she is sick or possessed and needs to be looked after. They mean by this, going to a non muslim psychologist or a chalatan pretending to be a muslim. Or they involve her father’s male cousin, of whom is out to get revenge on her for disparaging the family (as they are innovators). That information was received more than a decade ago from a private conversation with his wife’s daughter, who was also her friend.

    Her father smokes cigarettes, and doesn’t pray in the proper times nor goes to the masjid. He follows the disbelievers in many actions and speech and he also disparages the companions of the Prophet (sallallahu alaihi wa salam). He doesn’t listen to her advice about Islam and used the rest of the family against her, some of whom know better. Due to this oppression she gets annoyed they use that a means to increase their oppression.They invade her privacy and gathered the disbelievers in her area against her to the point that no one is hiring her. Drug use is also a problem in the neighborhood. What options does she have, living in a non Muslim country, to help her situation according to the Shariah?

    • Wa ‘alayk as-salaam. If her case is as you have described, she should present herself to the closest thing she can find to a Muslim judge, like a student of knowledge who can look into her case and make a decision about the validity of the father’s right to be the walee. And Allaah knows best.

      • As Salaamu alaikum wa Rahmatullaah,
        Are there any reputable Students of Knowledge that you can recommend on the East Coast? BaarakAllaahu feek

        • Wa ‘alaykas-salaamu wa rahmatullaahi wa barakaatuh.

          Abu Muhammad Ridhwaan al-Maghribee
          Abul-Hasan Maalik al-Akhdar
          Abu ‘Abdillaah Hassan as-Somali
          and those who they recommend (may Allaah preserve them all and bless them and their efforts)

  20. As salaamu alaikum,

    I’m Divorced and no one in my family is muslim, can I marry without a wali? Most of the imams here are hanafi and their fiqh allows a divorced woman to marry without a wali but I just want to check the marriage is undoubtedly valid.

    • Wa ‘alaykis-salaamu wa rahmatullaah. If you married someone through your walee, with two witnesses, then your marriage would be valid according to all scholars, and this would be acceptable in your local courts I would assume. Go this route and be safe in your Religion, may Allaah bless you! And Allaah knows best.

  21. As salaamu alaikum

    i hope you are well ahk

    just a quick question please…

    If a Muslim man wishes to marry a christian women after establishing she is chase. How is the nikkah perfomed? is it the same as a muslim’s nikkah – with a wali, 2 witness(do they have to be muslim) and a dowry.

    Please answer as soon as possible

    with thanks

    jazakAllahu Khair

  22. asalam alaikum .

    I hope you are well and in good health inshaaAllah .

    If a sister has been married a few times previously, but would like to get married again can you appoint a wali for herself ? Your response would be appreciated.

  23. Brother Moosa May Allah bless you, if a woman married a man without her fathers knowledge or permission and later has children who learn and tell her (she re does her nikah) alhamdulilah but are the children legitimate?

  24. Assalamu Alaikum

    Is the marriage contract valid for a woman who married a man. And her wali was from the administration of the masjid. The woman has a muslim half brother from her mother. but he was not her wali is her marriage vaild.

    • Wa ‘alaykis-Salaam wa rahmatullaah. The half-brother from the mother’s side is not a walee (unless appointed after all legitimate walees are exhausted). If she had no Muslim walee in her family, then her marriage through someone appointed by the administration of an Islamic Center is valid, and Allaah knows best.

  25. السلام عليكم ورحمة الله
    أحسن الله إليك

    If a woman has no muslim family and she has a wakeel from a masjid or something an, seeing as he is her walee, can he now appoint someone else to take over or act on his behalf?

    I ask this in reference to your saying that whoever has wilaayah over her may appoint someone else, so is this the case even for the one who has no relation to her? He still has authority to choose or appoint who will have wilaayah?

    الله يبارك فيك

    • وعليك السلام ورحمة الله وبركاته

      I asked your question to Shaykh Muhammad Baazmool (may Allaah preserve him), who replied:

      له أن يوكل مثله أو أفضل منه إلا إذا شرطوا عليه عدم ذلك

      “He can appoint someone else in his place, someone similar to him or better, unless they (the officials) put a condition on him not to do that.”

      And Allaah knows best.

      • Assalamu alaikum,Can she appoint someone else if she feels as though the Wakil is not doing his job correctly?

        For ex: stopping one from getting married to the one whom she desires to marry, because he has another individual in mind to marry her.

  26. As salaamu alaykium.. If a sister has a son,who is the only person to represent her as a wali ,what is the ruling on him representing her if his is “” OPENLY AGAINST SALAFIYYAH “?IS IT STILL HIS RIGHT OR OBLIGATION TO BE HER WALI OR DOES SHE GO TO THE ISLAMIC JUDGES OR IN OUR CASE..THE LOCAL MASJID?

  27. As salaamu alaykium,is it permissible for a sister to find representation outside her family being as though she is ascribing to SALAFIYYAH, and they are upon sufiyyah?

    • Wa ‘alaykas-salaamu wa rahmatullaah. The validity of her current walee can be investigated by a judge when there is a concern like this. The issue could be a sufi man with a loose connection to lighter kinds of Sufism that do not nullify his Islam nor interfere with his fair treatment of his daughter or stop him from allowing her to marry a man from Ahlus-Sunnah. The ambiguity of the question also allows other possibilities like a disbelieving grave worshipping Sufi demands that his daughter marry only a terrible grave worshipper like himself. The walee in the first case would remain in place, while the walee in the latter case would obviously be dismissed. So the issue requires investigation. And Allaah knows best.

      • As SALAAMU ALAYKIUM, we always hear about the extreme Sufi,the acts of worship that nullify your Islam..I.e “Grave worshipping, denying Allah’s uluuo…the belief that Allah is every where or that Allah is not confined to a place,but my question is what are those acts of worship,or beliefs that the Sufi’s have that are innovations but,” DOESN’T TAKE THEM OUT THE FOLDS OF ISLAM?

  28. As SALAAMU ALAYKIUM, is it permissible for a husband and wife to converse with another sister about polygyny without her guardian being present?

  29. Asalaamu alaikum brother. May Allah bless u and grant you success. Ameen

    What happens to the children if you find out after a few years that your nikah was actually invalid. Who do the children belong to and can we renew our marriage? Can the children legally belong to both mother and father?

    Jazaak Allahu kheir

    • Wa ‘alayk as-salaamu wa rahmatullaah. As my beloved shaykh, ‘Allaamah Saalih al-Fowzaan (may Allaah preserve him), says to these kinds of questions: Refer to the Muslim authorities and mention the case to them.

      So, in the Muslim lands, the court system. Outside of the Muslim lands, the closest thing you have to an official Muslim judge, if you cannot travel to the lands of the Muslims and seek assistance there. And Allaah knows best.

  30. Asslamu alaykum warahmatullahi wa Baraktuhu.
    I want to get married to a Saalafi brother and I have some issues with my walis. My father is rejecting the proposal due to non legitimate reasons according to shariah such as I am not ready for marriage or I am too young and the walis I have next in line would never accept the marriage due to respect for my father and there’s some of them that don’t even pray. Do I have to go through each and every one of my walis and ask them even though I know they will not accept because it is completely against the culture? What should I do? Can I appoint myself a wali ?

    • Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. Refer your case to the closest recognized Muslim judge or authority and have them look into these issues.

  31. As salaamu Alaykum wa Rahmatullahi. Al hamdallaah Akhi may Allaah ta’aala aid you in answering my question Aameen
    A sister approach me about nikkah but she does not have a wakil, because he passed away, but she comes from a non-Muslim family she has a step brother who is Muslim but I read the link posted above where the shaykh said the step father has no rights to be the wali so I assume the same would be for the step brother. So my question is can she appoint someone to be her wali?, I asked because she contacted [****] but the Imam says he cannot be her Wali because he does not know her[…] We would like to hasten this nikah insha’Allaah [message edited by admin]

    Jazakkallahu Khayran Katheeran

    For your time

    Barak Allahu feek

  32. My Walee for my nikAh was my mother’s sister’s husband appointed by my father who was also present at the time of my nikah
    Is my nikah valid

    • If your father was a Muslim and he was the valid walee when appointing your aunt’s husband, then this appointment of a walee is valid, and Allaah knows best.

  33. Is a father considered a wali if they do not pray? What if none of her other mahrams (potential walis) help the sister get married? Can she then take it to a judge?

    • Any woman under the authority of a man who does not pray must report this to the Muslim authorities and ask them to deal with the situation.

        • So long as they are Muslims, you listen to their orders and obey them (in all permissible matters), you do not challenge their authority, even if they were to strike your back and take your money, as our Prophet commanded us (as collected in Saheeh Muslim)!

  34. If a women has learned everything about Islam [that she knows] on her own from a young age until present day with no help of her father even though he has been a Muslim his entire life and hasn’t bothered to introduce her to the religion nor is he knowledgeable of the religion. Is he still considered her walee simply Bc he’s still her father or would you move on to the next ranking?
    Shukran.

    • An ignorant man remains the walee of a knowledgeable daughter. A recognized judge can consider removing him if his ignorance is interfering with her rights. As guardianship over her is his right, it is not taken from him without investigation and due process from a recognized authority. And Allaah knows best.

  35. ‎السلام عليكم ورحمة الله وبركاته
    May Allah bless you with good. Ameen. I have a question. My older brother is my walil but I feel he doesn’t handle my affairs correctly and I also feel he lacks in deen and doesn’t take the religion seriously. Is it permissible for me to get someone else appointed as my wakeel if I have no other Muslim male relatives? Shukran in advance.

  36. As salaamu alaikum I have a question. If a sister wants to get married and no one in her family is Muslim, and she doesn’t go to the masjid to get a walee appointed to her. The brother she intended to marry ask his his friend, and someone in the prison system married them over phone does this make the marriage valid? She doesn’t know the either parties only through the brother who she’s intended to.

    • Wa ‘alayk as-salaamu wa rahmatullaah. Marriages should be officiated in person, together in one place, where all identities can be clearly known. This is one of the most important occasions to remove all possible forms of doubt and uncertainty, and Allaah knows best.

  37. السلام عليكم ورحمة لله
    After reading this I believe I was a witness for a marriage that could be invalid what should i do بارك الله فيك

  38. Assalamu alaikum wa rahmatullahi wa baratuhu

    Jazakallah khair for the beneficial write-up !

    I would like to seek clarification on a case which is related to this question. A girls rightful wali refused multiple marriage proposals including righteous alliances for 7 years, she is now aged 30. Recently, She had went to a qadi (as she doesn’t have any other close paternal relative), she narrated what she had been through and based on this the Qadi agreed to be her Wali and marry her off without calling the rightful wali or carrying out an investigation. He was insisted numerous times to investigate but refused. To ensure that haqq is given to the rightful wali, the girls family took the case to two other judges but they too refused.. citing that none of the Qadi’s in the region can investigate/call as its beyond their capacity (due to legal restrictions)

    There is a fatwa of Ibn Uthaymeen which points to an automatic transfer of wilaya without making mention of an investigation ?
    This is the fatwa
    => http://binothaimeen.net/content/10538?q2=تزوج

    What is the correct position in this affair and can the girl marry using the qadi as wali since there is no other option ?

    Jazaka Allah Khairan

    • Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. If she went to an appointed & recognized Muslim judge (Qaadhee), then she acts by his verdict, unless he orders with something that is clearly impermissible. If he assumes responsibility of walee himself, or appoints someone based on her complaint, then she goes by this. The judge is responsible for investigating the situation properly and ensuring all people’s rights are preserved. This is his responsibility, and he faces Allaah regarding it. We beg Allaah that He aids and has Mercy on all our brothers in positions of qadhaa’. And Allaah knows best.

      As for the claim that “there is a fatwa of Ibn Uthaymeen which points to an automatic transfer of wilaya without making mention of an investigation” then the link provided does not include anything of the sort, nor is that correct. The Qaadhee is required to verify claims before taking anyone’s right to wilaayah, and Allaah knows best.

  39. As salaam alaikum wa rahmatuallahi wa barakatahu. May Allah Subhana wa ta’A’la guide the Muslims worldwide, amin. I am a muslimah revert (for 13 yrs.) in the U.S. with limited practicing Muslim family members. My 30 daughter is seeking marriage. Her choices of a wakil are her half brother (maternal) and her 2nd cousin (maternal). She also has a step grand father (maternal) and a step father. I have read a lot of the information you have provided, Jazakallahu khairun, amin. She would like to choose the 2nd cousin as wakil. Please keep in mind, she does NOT have ANY Muslims on the paternal side. Who has more right to be the wakil between the half brother, 2nd cousin and the step grand father?

  40. As salaamu Alakium wa rahmatuallahi wa barakatuh… I was appointed a Wakil through the masjid due to the fact that I have no Muslim men in my family to handle my affairs… but he hasn’t been doing his job… I understand that they have a lot of affairs to handle but I’ve had him for two years now and haven’t had not one sit down the whole time. What is my next move ?

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