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sister wants to get Married

+2 votes
A Sister wants to get married and her brother is a wali but she cannot get  incontact with him can she use her father who is not a muslim or her 15 years old son who is Muslim. Asalamu Alaikum
asked May 30, 2012 by anonymous
retagged Jun 2, 2012 by admin
   

2 Answers

+1 vote

 

Salaams... JazakhAllah for your question
 
If all your close male relatives are non-Muslims, then a kaafir cannot be the wali (guardian) of a Muslim. 
 
Ibn Qudaamah said: With regard to a kaafir, he cannot be the wali of a Muslim in any situation, according to scholarly consensus. 
 
Ibn al-Mundhir said: Those from whom we acquired knowledge are unanimously agreed on that. 
 
Imam Ahmad said: We have heard that ‘Ali allowed a marriage done by a brother, but he rejected a marriage done by a father who was a Christian. Al-Mughni, 7/356.
 
The question here is: what should a Muslim woman who does not have a Muslim wali do? 
 
The answer is: 
 
A Muslim who is in a position of authority or status should do the marriage contract for her, such as the head of an Islamic centre, the imam of a mosque, or a scholar. If she cannot find anyone like this, then she should appoint a Muslim man of good character to do the marriage contract for her. 
 
Shaykh al-Islam said: In the case of a woman who does not have a wali among her relatives, if there is in her locality a representative of the ruler or the chief of the village, or a leader who is obeyed, then he can do the marriage contract for her with her permission. (32/35). 
 
Ibn Qudaamah said: 
 
If a woman does not have a wali or a ruler, then there is a report narrated from Ahmad which indicates that a man of good character may do the marriage contract for her with her permission. (7/352).
 
Your brother in Islam
answered May 31, 2012 by Nozrul (10,282 points)
+1 vote
Praise be to Allah.

None of her kaafir family members can act as a guardian (wali) of her interests; no kaafir can act in this capacity over a Muslim. If there is a Muslim with some authority in your area over the affairs of the Muslim community, then he can act in this capacity, based on the Prophet's (peace be upon him) hadeeth:

"No marriage contract can be concluded without the presence of a Wali. A Sultan (authority figure) can act as a Wali for those without one." (see Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.)

If there is no authoritative Muslim person, then one should refer to the community Muslim leader or any Muslim who is just ('aadil), respected, and of high character, such as the director of the Islamic center or its imam, to conclude the marriage contract of this sister, with her consent.

And Allah knows the best.
answered Jun 7, 2012 by Tanveer (2,870 points)
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