How Should a Man Behave as the Walee of His Own Mother?

In the Name of Allaah, the Most Gracious, the Ever Merciful…

Often, especially in the West, a man may find himself in the position of being his own mother’s walee (guardian) for marriage.  Of course, we know the walee’s approval is a necessary requirement for the validity of a marriage contract. This predicament can be a difficult one to navigate, since in Islam he is required to obey, respect, and honor his mother. Yet, if she wishes to marry a man whom he is not pleased with, can he actually refuse to consent and prevent such a marriage? How does he balance between obedience to his mother and this apparent position of authority over her, as limited as it may be?

To aid our brothers who are faced with such a dilemma, I posed the following question to Shaykh Muhammad ‘Umar Baazmool (may Allaah bless and preserve him):

شيخنا من كان وليًا لأمه ولاية النكاح كيف يتأدب معها إذا كان لا يواقق على اختيار رجل لها فيه رغبة
Our shaykh, regarding someone who is a walee (guardian) for the marriage of his mother: How does he uphold good manners with her if he does not agree with the choice of a man she is interested in?

He replied: Continue reading

Are a Muslim Woman’s Non-Muslim Relatives Acceptable as Mahram for Traveling?

In the Name of Allaah, the All Merciful, the Ever Merciful…

As reported by Ibn ‘Abbaas (may Allaah be pleased with him) and collected in the most authentic Hadeeth sources like al-Bukhaaree and Muslim, the Prophet (may Allaah raise his rank and grant him peace) forbade believing women from traveling without a mahram.

A mahram is a woman’s close male family member, like her father, grandfather, son, grandson, brother, or uncle.

Traveling means to leave one’s city, by a distance considered according to local customs to be a journey, not just normal daily movement around and outside of the borders of one’s city.

In the West, a woman often accepts Islaam and thereafter faces the difficulty of being the only Muslim in her family. She may ask: How am I to implement this hadeeth? Since my immediate male relatives are disqualified from being my walee (guardian) in a marriage contract, are they also disqualified from being my mahram during a journey?

This issue was recently addressed by Shaykh Muhammad ‘Umar Baazmool (may Allaah preserve him), Professor of Higher Studies at Umm al-Qura University in Makkah. He stated: Continue reading

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 Continue reading

Can a Lady’s Step-Father or Maternal Uncle Act as a Walee (Legal Representative) for her Marriage?

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?

They replied:

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), Continue reading