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:
- Father
- Grandfather (from the father’s side)
- Great Grandfather (from the father’s side)
- Son
- Grandson
- Great Grandson
- Oldest Full Brother
- Next Oldest Full Brother (and so on…)
- Oldest Half-Brother (from the Father’s side)
- Next Oldest Half-Brother (from the Father’s side, and so on…) [1]
- Oldest son of a Full Brother (Nephew)
- Next Oldest Son of Full Brother (Nephew, and so on…)
- Oldest Son of a Half-Brother from the Father’s side (Nephew)
- Next Oldest Son of a Half Brother from the Father’s side (Nephew, and so on…)
- Grandson of Full Brother (oldest first)
- Grandson of Half-Brother from the Father’s side (oldest first)
- Oldest Paternal Uncle
- Next Oldest Paternal Uncle (and so on…)
- Oldest Son of Paternal Uncle (Cousin) [2]
- Next Oldest Son of Paternal Uncle (Cousin, and so on…)
- Oldest Great (Paternal) Uncle
- 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).
BaarakAllahu feekum. For those interested in delving a little into fiqh of marriage should purchase these excellent MP3s: http://www.troid.ca/store/product.php?productid=18747&cat=280&page=1
Definitely elaborates on this topic too.
New audios: https://www.troid.org/comprehensive/marital-issues/2854-fiqh-course-marriage-and-divorce
Assalamu alaikum, barakAllaahu feeki Sister for your link to the fiqh lectures. It looks like the link may have moved, could re-post, jazakiAllaahu khayran in advance.
New link: https://www.troid.org/fiqh-course-marriage-and-divorce/
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?
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).
I am from a non Muslim family and got married several years ago without a walee; is my marriage valid?
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.
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.
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.
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.
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!
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.
Once the father appoints someone else to be wali , can he then cancel the wilaya of the one whom he appointed for whatever reason or has the wilaya completely gone in the hands the appointed wali which the father can no longer choose to revoke or take back ?
The scholars say: In any contract where towkeel (representation) takes place, so long as the person remains sane and qualified for his original position (in this case, the walee of marriage), he can revoke any towkeel he had put in place, i.e. he has the right to remove the wakeel whenever he wants, since that position is his right in the first place. And Allah knows best.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
As-salamu alaykum
Can the woman’s step father be a wali? An if she does not want him to be, can this be allowed?
Wa ‘alayk as-salaamu wa rahmatullaah. Your answer is here: https://www.bakkah.net/en/step-father-maternal-uncle-walee-marriage.htm
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.
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)
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.
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
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.
Assalamu alaykum
What is the ruling on being wali for a marriage for a woman to a sinful man? Is this okay?
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?
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.
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.
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?
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?
As SALAAMU ALAYKIUM, is it permissible for a husband and wife to converse with another sister about polygyny without her guardian being present?
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.
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.
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
Wa ‘alayk as-salaamu wa rahmatullaah. She can appoint someone to be her walee.
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.
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.
What if the muslim authorities are not salafi
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)!
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.
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.
وعليك السلام ورحمة الله وبركاته
The right of wilaayah is only removed by a recognized authority who investigates the matter specifically.
Shukran for the reply. Who would be considered a recognized authority?
The official Muslim court system under the Muslim government, clearly. Or the closest thing to that when it is unavailable.
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.
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
وعليك السلام ورحمة الله
Refer the matter to the recognized Muslim judicial authorities in your land.
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 ?=> http://binothaimeen.net/content/10538?q2=تزوجThis is the fatwa
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.
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?
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 ?
Assalaamu alaykum ya ustadh.
can the 1st cousin of a father be the wali in Nikah? because the father has no male brother.also the brother of woman(want to marry) is still young(12 years old)
jazaakumullahu khairan
Assalaamu ‘Alaikum Moosaa,
I have a friend who found a girl that he sees as a good potential wife. They’ve been talking daily for 9 months. She’s a practicing Muslim living in Jordan. My friend is originally from Jordan too but lives in America. He told his parents about the girl, and the girl told her parents about him. The girl’s parents told him that he may visit with his parents to arrange a “get to know each other” meeting. The problem is, that his parents are disapproving of the girl because he met her online. They have not been supportive at all. They want him to marry his cousin instead. What’s the best course of action for him from an Islamic perspective?
Wa ‘alayk as-salaamu wa rahmatullaah. They should both be reminded to repent for developing a relationship before marriage. Repentance includes abandoning their relationship immediately, seeking the Pleasure of Allaah. I think it is safe to assume in this case that “talking daily for nine months” means privately, one on one, developing familiarity, as their talking has led to plans of marriage. He should thank Allaah for parents who wish to keep him away from what is inappropriate. Both parties should consider carefully: If this person would build a relationship online with someone in a way that was not permissible NOW, then what would stop them from doing that after our marriage? They need to focus on themselves however, and repent earnestly to Allaah. May Allaah give them both what is better, and Allaah knows best.
Salamu’alaykum Mr.Richardson I’m the person who asked my friend to ask you this question. Now the girl and I had a lack of religious understanding. I learned that a muhram needs to chaperone her while she speaks to me. I know the hadith which says that if an unmarried male and female are left alone then there’s always a 3rd person between them, shaitan. If we sincerely want each other in what Allah has decreed permissible, I assume we should make dua’a and not communicate without a muhram. I agree with you, speaking privately is not an Islamic thing to do. Please correct me if I’m wrong.
Wa ‘alayk as-salaamu wa rahmatullaah. Yes, you must not be with her alone in private, not in person nor in conversations. There is no solution more blessed and wholesome than marriage for two people attracted to each other. May Allaah bless you and keep you under His Protection.
Assalamu a’laykum.
What is your opinion of those who suggest that they do not need a wali to marry a sister because they are from the Maliki school of thought.
Wa ‘alayk as-salaamu wa rahmatullaahi. The Maalikee scholars, from what I know, require the woman to have a walee for a marriage contract and consider a marriage without the walee to be invalid. And Allaah knows best.
السلام عليكم ورحمة الله وبركاته, حياك الله
Is it allowed for a woman to change her mahr after the couple have got married, had children and now been with each other for a while?
I know a women is allowed to give back some or all of it (if she wants to), but what about increasing it or changing it to something else, if the husband has not yet given what was asked for?
جزاكم الله خيرًا
وعليكم السلام ورحمة الله وبركاته
The mahr that is agreed upon between at the time of the marriage is what is required. Since the mahr is the woman’s right, she may give up her right, or part of it, but she would have no right to request more than what was agreed upon. It is part of a binding legal contract, and negotiations must be completed before it is finalized.
Assalamu alaikum.
I hear of many cases where a man and a woman meet in university and get married without the permissions of their parents. Is this allowed?
Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. The marriage without the approval of the walee (i.e. the lady’s father) is invalid according to the vast majority of the scholars.
Assalamualaikum, who would the wali be for a woman that converted to Islam if her whole family is non Muslim?
Wa ‘alayk as-salaamu wa rahmatullaah. The local Muslim judge, or the closest thing to that.
assalaamu alaykum
Ustaadh with feminism in the west growing at the rate it is and more muslim women being brainwashed by it into thinking that they must compete with men and become more masculine, and with masculinity in men being looked down upon and labelled as toxic, many of us men feel not only hated by society to a degree, but also we feel that marriage in the west may not be the best idea for us, given that a man no longer holds the same level of authority in his house that he used to. Many cases women file for divorce for no reason (I think divorce without reason initiated by women is actually the most common type of divorce in the west, Allaah knows best I’ll need to fact check) and they pretty much take half of everything the man has worked for, including custody of the children in which the man has visitation rights (a father is told he is ALLOWED to spend limited time with his own children, is he even the father anymore?). At this point I’m beginning to rant if I haven’t begun already, but can you give advice to the muslim men in the west on how to navigate in times like this? Jazaak Allaahu khayr
Wa ‘alaykum as-Salaamu wa rahmatullaah. May Allah save us all from resembling misguided and corrupt people!
BaarakAllaahu feekum, Ustaadh.
A close relative of mine was about getting married to a sister who had been estranged from her father for years. I advised him to ensure the father was involved in the process. He was receptive but sought further advise from two other brothers who he respected for their level of Islamic Knowledge and who also knew the lady and her family issues to a level. Both brothers were of the opinion that considering the sister’s age and maturity (and also, the nature of the relationship with her father about which they knew some history), she was not in need of anyone to give her away in marriage. One of these brothers was also an Admin of the Islamic Centre where my relative eventually got married to the sister, and he (the admin) officiated the occasion.
Please, what do you advise in this situation?
If the judge (or administrator) disqualified the father rightfully and stood in as the walee himself, then the marriage is valid. Otherwise, if the father’s wilaayah was valid, and he was not rightfully disqualified, then the marriage is invalid because of the absence of the rightful and legitimate Walee, due to the Hadeeth (which means), “There is no marriage without a walee and two upright witnesses.” And Allah knows best.
Important: It is not for people NOT APPOINTED to review officiated contracts to go about second-guessing contracts and investigating matters. This leads to chaos in a society.
السلام عليكم
أحسن الله إليكم
What about countries like Pakistan where the vast majority follow the hanafee madhhab, and according to the country’s law, it is legal to get married without a walee? Is the nikaah valid?
جزاكم الله خيرا
AsSalaamu alaikum, ya Ustedh.
Is a lady’s son-in-law a walee [for marriage]? [edited by admin for clarity]
Wa ‘alaykum as-Salaamu wa rahmatullaah. He is mahram for her, but not a walee for marriage, ORIGINALLY, however, if she has no walee whatsoever from her family, the authorities would appoint her a walee, and the son-in-law in many cases would be a good choice to appoint. There is nothing preventing him from being appointed as a stand-in walee. Some people misunderstand fataawaa on this topic and think that the
son-in-lawstepson andfather-in-lawstepfather are forbidden from being a stand-in walee. That is not the case, in fact, just the opposite, they are usually better choices for a stand-in walee than a man who is not mahram at all. And Allah knows best.As Salam aleykoum wa rahmatullahu wa Baarakatu,
Is it permissible for a nikkah to take place via zoom, Skype,..? Due to the current pandemic the wallee is not authorised to travel out of his country but has accepted for his daughter to marry with his knowledge. As we don’t know how long the duration of this pandemic will be, he want to go ahead and find a solution.
Jazaakallahu Khayran.
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. That decision is up to the court or Islamic center that is providing the service.
Assalamu alaikum. I live in India, and it is a non muslim country – and I have questions about the wilaaya of my father. Who are considered to be the people of authority in non muslim lands? Who can I go to to investigate my situation?
Wa ‘alaykum as-Salaamu wa rahmatullaah. If your local Islamic Center or masjid offers judgment or arbitration services, then go there and present your case. Be patient, as it would require cooperation from all parties involved, as you likely will not be able to enforce anything that is not agreed on, practically speaking. One of the many harms of living in non-Muslim lands is that you cannot secure a proper Islamic judgment in your situation when needed, since the courts with authority and the ability to enforce judgments do not rule by Islamic Law. May Allah give you patience and guide you and your father to what He loves.
…My father is upon tawheed and doesn’t commit bidah, but because of his lack of knowledge, in the past, he has fallen into things that could be deemed as kufr. I don’t know if he has repented, and I’m not sure what to do. I myself am not knowledgeable and have just started to study aqeedah myself, so I’m confused as to if my father is committing an act of shirk that I may not be aware of? Please advice me as I’m feeling a little overwhlemed about this situation. Am I overthinking this? [message truncated by admin]
It sounds like you are over-thinking the matter, and Allah knows best. Your father remains your valid walee until there is clarity that he has fairly been judged as unfit and thus disqualified. Be dutiful and kind to your father, and may Allah bless and forgive you both.
To Ustaadh Moosaa,
As-Salāmu ‘Alaykum wa rahmatullaahi wa barakaatuh,
In summary: A sister has received a proposal from a potential husband, which includes an offer of a dowry which is surprisingly low, possibly insulting. [message summarized by admin]
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. In this case, I would recommend that a good advisor encourage him privately to increase the offer of mahr. He can be reminded that a suitable mahr according to custom is something that shows honor for the bride and her family, and it sends the message from the beginning, “I will be generous to this woman in this marriage.” While a customarily low mahr can sadly send the opposite message, even when one does not intend that. And perhaps there is a difference in cultures and customs, and he may view in his culture that his offer was above average? I wouldn’t know specifically. And Allah knows best.
PLEASE NOTE: As I am not aware of the specifics of this case, it cannot be said that I am in agreement that his offer was low. I have no idea about the details. The answer is based on the question being accurate.
I am well acquainted with his culture and I know that this is not the case. (Customarily And financially this was definitely out of the ordinary) Rather, most people, religious and irreligious would take offense Ustaadh. QadarAllaahu wa ma sha’a fa’al. I appreciate your advice greatly, may Allaah reward you and increase us all in wisdom.
If he is a good man who deserves good thoughts, then look for excuses. Perhaps he holds the position that the mahr of the wives and daughters of the Prophet (may Allah raise his rank and grant him peace) is best, even if that does not translate into modern customs well. Maybe there is another excuse. Hopefully it is a simple oversight, and not a sign of miserliness. At the end of the day, you are a Muslim lady, and no one can force you to accept anyone’s proposal or mahr. It is your right. You might consider simply setting the specific mahr you want and communicating that, and then not accepting a proposal that does not meet or exceed what you are asking for. And Allah knows best.
AsSalamu’alaykum
If the wali informs that his daughter accepts the mahr, but later he discovers something else about the person eg. They have a poor living condition, so he decides he does not want his daughter to marry that man, is he allowed to call it off at this point?
sorry this is quite urgent
Wa ‘alaykum as-Salaamu wa rahmatullaah. If you mean by “accepting” the mahr, that he agrees to its amount, then this is only a preliminary negotiation. The marriage is official and finalized when the two witnesses observe the offer and acceptance (the “aqd”). Until then, there is no husband-wife relationship, no marriage has taken place, and either party may change their mind. A wali may agree to allow his daughter’s marriage to a certain man, but then he finds out information that he feels disqualifies that man, and then decides to not give his daughter’s hand in marriage to him. The important thing is that the wali approves at the time of the ‘aqd (contract). And Allah knows best.
Salam alaykum,
Can a man pull out of a marriage engagement with a sister after verbally agreeing if he finds someone better before the nikah takes place? Is he sinful for this?
Wa ‘alaykum as-Salaamu wa rahmatullaah. It can be inconvenient and upsetting, but either party may decide against the marriage at any time before the contract. There is no relationship of “engagement”, there is only planning a marriage. When we consider two people “engaged” as if they have some kind of relationship, we are following the ways of the disbelievers. In Islam, the relationship begins with a valid marriage contract. Any supposed relationship they have before that is just planning to enter that relationship.
Asssalamu alaikum wa rahmatullah
Can a man speak to several women regarding marriage at the same time?
Wa ‘alaykum as-Salaamu wa rahmatullaah. A man may consider as many options as he likes, speaking to the walis of women he is interested in marrying. I worry that a common misunderstanding is at the root of the question, that a man is holding ongoing conversations with a potential wife, which is not allowed. He may meet her and view her, but there is no relationship or “getting to know each other” (in private, on the phone, etc.) before the contract.
Is it permissible to marry a rape victim?
Yes, of course. Who would suggest that the victim of a violent crime should be further hurt by being classified by their community as unacceptable as a spouse and then live an entire life without marriage? May Allah bless every one of our brothers and sisters who have been victimized. They are not criminals, so as to be punished for the crimes committed against them!
As Salaamu Alaykum Wa Rahmatullah
1.(I’m my mother’s Wali and she’s seeking to get married to a particular brother. However, she is new to Islam and only has been Muslim for about a couple months. I want to take a little time to teach her and help her with understanding the rights of a wife and husband and directing her to Tawhid before marrying her off In’shaallah. Would that be considered delaying a marriage or is there any harm in this??
Wa ‘alaykum as-Salaamu wa rahmatullaahi wa barakaatuh. May Allah bless you and your mother and give you both success. What she wants/needs must be given a priority. Let her know that you are her obedient & dutiful son, and you are there to make sure whoever marries her understands her rights and plans to fulfill them in shaa’ Allah, and that she as well will fulfill her husband’s rights, in shaa’ Allah. Since knowledge must come before statements and action, teach her what she must know about marriage, about the rights she must fulfill and the obligations of a wife, as well as her rights as a wife. Once she knows these basic things, she can get married and continue learning about the complete role model of the Messenger of Allah (may Allah raise his rank and grant him peace) and his pious wives (may Allah be pleased with them). And Allah knows best.
Assalaam alaykum Ustadh Musa,I have an unrelated question and I want you to pardon me for that..My young cousin who is in college in the Usa, recently told me he would like to invest in stocks, in any of these big tech companies.I already told him straight forward that it is not permissible to buy shares or invest in any company which deals in haram products.But what do you think about investing in stocks in companies like Amazon,Tesla or Apple? Is investing in such stocks permissible?
I look forward to seeing your reply.
Barakallaahu feekum.
Wa ‘alaykum as-Salaamu wa rahmatullaah. Buying stocks is buying a tiny share of a company, so it falls under sharikah (partnerhips), in terms of Islamic Fiqh rulings. So just as if you were to partner up with one other person, you both must make sure your partnership only buys and sells halaal things, offers halaal services, and does not engage in any impermissible transactions, like ribaa loans. Similarly, the partnership that includes a million or a billion people who own tiny little shares of the company (stocks), must follow the same basic rules. So like it is impermissible to buy into a 50/50 partnership with a person who sells pork and alcohol, or takes ribaa loans, it is also not permissible to do this with a million other people. This is why the scholars require that a company’s transactions be permissible before it is permissible to purchase stocks in their company. Schemes set up to allow investing in companies that have a relatively low amount of haraam products, services or transactions, and then telling people, for example, that it is OK to invest so long as the ribaa loans are under 20% or 30% of the total transactions, then I do not know why this would not be considered making permissible what Allah has forbidden. And I do not know of a recognized and reliable scholar who allows such things. We live in a time where RIBAA (war with Allah and His Messenger, see: Quran 2:279) is the easiest thing to so many people (Just an everyday business option!), so do not be deluded by the large numbers of those destroying themselves, nor the small numbers of those who hold faithfully to the Order of Allah. And Allah knows best.
السلام عليكم ورحمة الله وبركاته
I hope you and your family are well insha Allah
How important is it to ensure that the family of the brother is practising when considering marriage?
May Allah bless you
وعليكم السلام ورحمة الله وبركاته
To “ensure”? That’s not necessary, but maybe using the word “consider”, it is far more important than we tend to think in the West. Having an upright mother-in-law and an upright father-in-law is a major advantage throughout the years of the marriage. As parents, they can offer good advice when needed and help solve marital discord and other problems. As grandparents to the children, they can take the children for a weekend while the parents go on a mini-vacation, or when the parents are sick, and you don’t have to worry about them corrupting the children if they are righteous. Also, your spouse’s siblings will be very important aunts and uncles in the lives of your children as well. If the spouse’s family are not upright, then it can be the source of a lot of anguish and headache over the years. And Allah knows best.
السلام عليكم ورحمة الله وبركاته
Who is the wali for a sister born from an illegitimate relationship?
Christian mother and Muslim father. The father has always recognised his daughter as his own daughter and even his relationship with her mother, it was something public and long term however at the time he was not practising and did not value the importance of nikkaah.
Nowadays he is praying and his daughter is a Muslimah and wants to get married. Who will be her wali?
وعليكم السلام ورحمة الله وبركاته
She explains her situation to the local Muslim court in a Muslim land. In a non-Muslim land, she explains her situation to the closest they have to that, like an Islamic center that offers assistance in cases like this.
Assalamuakaikum wa rahmatullahi wa barakatuhu,
I am not sure who would be my wali as my father does not pray. Additionally, to give some context to my situation, my parents divorced about 10 years ago, and since then I had not been in contact with my father until recently. I only speak to him occasionally due to the nature of the relationship. Therefore, during the process of having marriage meetings, my father was not involved. I also chose not to inform him as he does not have my best interests; he made it clear a few years ago that he wants my sister and I to marry his nephews in Pakistan – I do not want this as they are not practising and there is no compatibility. When my sister was getting married a few years back, he caused many problems, threatening my mum and also the prospective brother’s family. As a result, I have not informed him that I will be getting married due to fear of this. Following this, there are two parts to my question:
1. My father does not pray and has not upheld his Islamic duty as a father since my childhood, so in this case does the wilaayah still remain with him? If not, then would I speak to my local masjid as my father’s brothers do not live in this country and I have no contact with them? My uncles also do not want me to get married outside the family.
2. If my father cannot be my wali, is it still upon me to tell him that I am getting married?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. Firstly, regarding your relationship with your father in general, how does he react when you remind him with good reminders about the prayer? (This would be his right on you to hear the beautiful naseehah of Islam, of course.)
Secondly, refer your specific case to local Muslim authorities to have his suitability as your wali investigated. Rights are not taken away from people based on unverified claims. Even if he were officially disqualified, he would still remain your father, and all the encouragements in the Book and Sunnah for you to be dutiful to him still apply. (So, yes, you would inform him of your marriage if he were officially disqualified as your wali, with sensitivity and beautiful speech.)
قل تعالوا أتل ما حرم ربكم عليكم ألا تشركوا به شيئا وبالوالدين إحسانا
“Say: Come, let me recite unto you what your Lord has forbidden you from, that you not assign any partner at all to Him, and that you [must] be kind to the parents…” [Quran 6:151]
وقضى ربك ألا تعبدوا إلا إياه وبالوالدين إحسانا إما يبلغن عندك الكبر أحدهما أو كلاهما فلا تقل لهما أف ولا تنهرهما وقل لهما قولا كريما (23) واخفض لهما جناح الذل من الرحمة وقل رب ارحمهما كما ربياني صغيرا
“And your Lord has decreed that you must not worship other than Him, and kindness to parents [is due]. Whether one or both of them reach old age while you are alive, then do not say to them ‘Uff’ [the slightest show of displeasure]! And do not scorn them, but say to them a noble word (i.e. speak well to them). And lower unto them the wing of humility out of mercy. And say: ‘My Lord, have Mercy on them as they raised me from when I was young.'” [Quran 17:23-24]
And Allah knows best.
As-salamu-alikum ,
A person chooses not to get married (for no real islamic excuses) and then also doesn’t fast the optional fasts . But instead as an easier resort , they decide to frequently read quran or perform ruqya on themselves in order to keep their desires under control since the Quran is treatment for all problems. and also by increasing in optional prayers and other good deeds.
Would they still get the sought after benefit or outcome (of chastity) through these means by permission of Allah ?
Wa ‘alaykum as-Salaamu wa rahmatullaah. While a person is not married, he exerts himself to remain pious and chaste. That is virtuous, no doubt. Whether the acts of piety that keep him safe are prayer, fasting, or any other legislated actions. Fasting is the best of them for when a person cannot get married. But remaining unmarried could be problematic (perhaps very seriously problematic), depending on the intention. And a person only avoids marriage for a reason. Perhaps he lives in a land of war or civil unrest, and he is looking for a way out of that land. This is a valid reason to avoid marriage temporarily. He should be honest with himself and identify the reason as specifically as possible. If he is afraid, then he can treat his fear with the Quran and supplication. Some people might be afraid to get married because they feel they do not look good or they are overweight. He can seek Allah’s Assistance in improving his health and/or appearance. If he is financially unprepared, then he can seek his provisions from Allah and work hard. If he is worried it will not work out, then he can take steps to increase his tawakkul (trust upon Allah). He can seek refuge with Allah from cowardice. The worst of all reasons though is to think marriage itself is not better for him than living single. This is an inclination against the Sunnah of the Messenger of Allah (may Allah raise his rank and grant him peace), which is a serious offense, about which he said:
وأتزوج النساء، فمن رغب عن سنتي فليس مني
“…And I marry women, so whoever is inclined against my Sunnah is not from me!”
This hadeeth was collected by al-Bukhari and Muslim from the report of Anas (may Allah be pleased with him). And Allah knows best.
Regarding the question, “Would they still get the sought after benefit or outcome (of chastity) through these means by permission of Allah?” No, as when you replace the best solution with a lesser one, you get less results. Fasting is a substitute for marriage, when one is incapable, yet it does not provide the same benefit. For example, the joy a man feels in acts of intimacy with his wife, enjoying her warmth, companionship, and support in general, holding his newborn child(ren), playing with his toddler(s), walking with his son to the masjid, teaching them… etc. How will all of this completeness be replaced by voluntary fasting or praying at night? Specifically, will the chastity of a married man resemble the chastity of non-married man who fasts and prays much? Perhaps, for the sincere person who does not have a means to get married, one whom Allah blesses his fasting and makes it a true shield for him. Perhaps, and Allah knows best. Perhaps a disobedient and ungrateful man would get married to four wives and still be unchaste, because of his lack of sincerity and submission to Allah. But these scenarios are not helpful to think about, if it leads a man capable of marriage to continue living single! Just return back to the order of your Messenger (may Allah raise his rank and grant him peace):
من استطاع الباءة فليتزوج، فإنه أغض للبصر، وأحصن للفرج، ومن لم يستطع فعليه بالصوم، فإنه له وجاء
“Whoever is able to marry, then let him get married! It is better for lowering your gaze, and more chaste for your private parts. Whoever cannot, then upon him is to fast, as it will be a kind of restraint for him.”
Collected by al-Bukhari and Muslim, from the report of Ibn Mas’ood (may Allah be pleased with him).
Reflecting over this hadeeth could lead the questioner to some real critical self-evaluation: Why am I not getting married? And then why am I also inclined against the most specific Prophetic substitute when one cannot get married? Could it be that I carry something with me against the Sunnah? If not, how do I explain my inclination against BOTH marriage and fasting? This could be one of the most important internal dialogues of his life!
And Allah knows best.
السلام عليكم ورحمة الله وبركاته
Ustaadh, how important are the family of one whom you are considering for marriage. E.g. if the person is salafi and of good character but their family are strict Sufis or from the other misguided sects. Is this only important for men to consider the family their wives come from or should women consider this too?
بارك الله فيك
وعليكم السلام ورحمة الله وبركاته
https://www.bakkah.net/en/dont-play-games-with-wilaayah-the-right-of-being-the-walee-for-a-marriage.htm#comment-114609
وعليكم السلام ورحمة الله وبركاته
Both men and women should consider the close families of their potential spouses, as they will be supporters and advisors, or potentially harmful trouble makers. Each spouse will remind the other and help the other in being dutiful to parents and keeping family ties. Each spouse will say, for example, “Let’s go visit your mother, we have not seen her in more than two weeks!” and the likes. All of this is from the generality of Allah’s Order:
وتعاونوا على البر والتقوى ولا تعاونوا على الإثم والعدوان واتقوا الله
“…And cooperate in piety and righteousness, but do not cooperate in sin and transgression, and fear Allah [and keep your duty to Him]…” [5:2]
And a Shiite grandmother, or a graveyard fanatic uncle, or disbelievers who you struggle to keep the balance of family ties with, along with the obligation of protecting your children from their evil, is a serious challenge, and not something we want in our lives! And Allah knows best.
Any advise for the first night?
Yes, enjoy the first night together upon the Sunnah of the Messenger of Allah (may Allah raise his rank and grant him peace), with gratitude to Allah and placing tawakkul upon Him. With the supplication made for the wife, sharing a drink with her, praying optional prayers together, using the specific supplication before intercourse, observing Islamic manners and limits legislated for intimacy, and other matters of the Sunnah gathered by Shaykh al-Albaanee in his Book on Marriage (translated and published many times).
السلام عليكم ورحمة الله وبركاته
Abu Huraira reported: The Messenger of Allah, peace and blessings be upon him, said, “If someone proposes marriage to you whose religion and character satisfies you, then you should accept it. If you do not do so, there will be trials on the earth and the spread of corruption.”
Source: Sunan al-Tirmidhī 1084
Grade: Sahih (authentic) according to Al-Albani
Ustaadh, some sisters feel obliged to accept the proposal from a brother with characteristics mentioned in the Hadith above even if he does not come with some of her requirements e.g. doesn’t work, relatives are upon bidah, has different goals/plans for the future and other differing factors that are important to the sister. If they do not seem compatible should they persist based on the Hadith?
جزاك الله خير
وعليكم السلام ورحمة الله وبركاته
The meaning of the hadeeth is an encouragement to marry people with good religion. It does not take away a woman’s right to look for certain specific qualities that she feels are important to her. But rather, we as a community must marry our women to well-manners people of Deen. And Allah knows best.
Assalamu alaikum. My father does not pray currently, but alhamdullilah he accepts my advise on tawheed and he has my best interests at heart. He recently stopped praying due to work, but I should advise him. My question is, if my father is receptive to my advice, and he agrees to praying on and off (which is what he does when he has time) – must I seek to investigate his wilaaya at an Islamic center because he would not be praying 5 times a day? This is how it has always been. Please would you provide clarification to me as to when exactly I have to get my father’s wilyaaya checked as I’m not sure what kind of situation exactly necessitates this? JazakAllah khair.
Wa ‘alaykum as-Salaamu wa rahmatullaah. Advise your father lovingly about the prayer. If he prays the five prayers in their time, then be patient with him as your walee. If he continues missing prayer, then ask for assistance from your local community leadership in two things: (1) Advising your father, and (2) assessing his suitability as walee. May Allah bless you and keep you safe, and facilitate a good marriage for you.
JazakAllah khair for your kind reply. When you are reffering to the local community leader, do you mean the imam of a masjid?? I live in a non Muslim locality, so what’s the next best option for me? Also, does the leader have to be salafi?? If he isn’t then what am I supposed to do? I’m sorry for so many questions, I’m feeling very lost and don’t know what to do about these things. I’d appreciate the help. May Allah preserve you.
Yes, and preferably an upright Sunni/Salafi community where someone of knowledge can be directly involved or at least consulted whenever possible. Living in the lands of disbelievers surely has some major disadvantages. May Allah aid the Muslims to migrate to lands of Islam where their basic rights are protected and upheld.
If I cannot find a salafi masjid anywhere close to me, can I access these services from another city?? Or another country. The place where I live, it’s very difficult to find a salafi masjid/community. I’m not sure if it exists anywhere near where I live.
It depends on the services offered by a community. Some communities might extend their services beyond their immediate community, I don’t know. If you cannot find anyone to assist you, then this is just one more harm of living in non-Muslim countries that you have to endure, and one more reason to be diligent in seeking a way to make Hijrah. May Allah give you success.
Assalamu alaikum wa rahmatullaahi wa barakatuh Ustadth. I pray you and your family are in good health and high in Emaan. This question is of some urgency. If a sister is looking to get married, is she allowed to look at multiple profiles at once? Can she view them and choose the one that is most appealing to her? Or must she view one profile at a time and only view the next one once they discontinue the proceedings? And what advice would you give to your own daughter when looking for a good spouse? Jazak’Allaah kheirun, BarakAllaah feek
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. A woman is allowed to consider as many men as she would like to consider. Faatimah bint Qays (may Allah be pleased with her) said, “Mu’aawiyah and Aboo Jahm have both proposed to me…” seeking advice from our Prophet (may Allah raise his rank and grant him peace), and he did not rebuke her for considering both of them at the same time, which indicates permissibility. That hadeeth is in Saheeh Muslim (#1480). And Allah knows best.
So once you start the questioning process and arranging meetings is she permitted to view other profiles and arrange other meetings? JazakAllaah kheirun, BarakAllaah feek
Until the marriage contract, a woman is allowed to consider whatever options she has. The prohibition that people seem to misunderstand is to knowingly propose to a woman whom your brother has already proposed to, while his proposal has either been accepted or is being considered. A proposal (khitbah) is an offer to initiate a marriage contract, not just showing interest in general.
Assalaamu alaikum,
So if a brother proposed and his proposal has been accepted and he has met the sister’s father who has accepted him but the marriage contract has taken place, can the sister still consider other brothers’ proposals? Or she has to cut off from the first brother or return to her father that she wants to consider other proposals to decide whom to choose?
Wa ‘alaykum as-Salaamu wa rahmatullaah. The very fact that she wants to consider another option means -necessarily- that she is not fully decided on marrying the man who proposed. No woman is to be forced into any marriage that she does not want. So her initial interest and general commitment to plan a marriage is something which can be reconsidered up until the contract is validated. And Allah knows best.
Jazak’Allaah kheirun Ustadth, may Allaah reward you for not becoming impatient with our questions, BarakAllaah feek.
Is it permissible for a woman to put conditions in her marriage contract? And if so, can she stipulate anything, as long as it’s within the boundaries of the Qur’aan and Sunnah? Should there be a limit on the number of conditions?
Permissible conditions, those that do not violate rulings of the Book and Sunnah, are permissible and binding in all contracts and agreements, including marriage contracts. So if a woman stipulates that she is to be taken to visit her mother in a nearby city at lease once a month, if the spouse agrees to this, then it is obligatory to be upheld. If she stipulates that he must divorce his current wife before marrying her, then it is not accepted, because it is in opposition to the ruling of Allah, as established in the Sunnah. And Allah knows best.
Insha Allah you can advise if this marriage is valid…
A woman agreed to marry an incarcerated brother over the phone. The woman is a convert with no Muslim family, so the brother had one of his companions act as her wali/wakil. The marriage took place over the phone with only the brother, woman, and Wali. A marriage contract was then sent to the woman, and on it were signatures of two witnesses who were not on the phone at the time of the marriage and she doesn’t even know who these men are. The husband’s signature was on the contract. The main point is that these “witnesses” didn’t actually hear the phone conversation and likely signed the contract afterward. The Wali didn’t sign the contract (not sure if that’s necessary). Also, the marriage wasn’t really announced because of the circumstances with the brother being incarcerated… [message truncated by admin]
JazakAllahu khair
The questioner should present her concerns in detail to the local Islamic authority and ask them to verify the correctness of the actions taken. If they live in a non-Muslim society, then the local masjid or Islamic center that provides marriage services can be asked for help. Understand that they may not be willing to investigate such things, based on their resources and limits.
And as advice in general, marriages need to be done with clarity, and I do not recommend marriages over the phone, because of the possibility of deception or misunderstandings. In the Saudi court system for example, all necessary parties need to be in attendance physically at the time of the contract when the judge officiates it. This eliminates all doubts and potential ambiguities, and facilitates the best scenario for clarity, in order to avoid the likes of what is found in this question. And Allah knows best.
Assalaamu alaikum
I’m a converted sister who wants to get married ,my question is can my son be my wali? He’s 16 years old and very mature for his age or do I have to wait till he’s 18? Or what other options is there for a revert sister living in the west? Barak Allahu feek
Wa ‘alaykum as-Salaamu wa rahmatullaah. Being 18 has nothing to do with adulthood in Islam. Adulthood and all rights and responsibilities come with buloogh (puberty). At puberty, one is fully accountable for one’s actions. So long as your 16-year-old son is rasheed (one who is sensible in his interactions), he is now the rightful wali for your marriage, in the absence of a Muslim father or grandfather (for you), or older Muslim brother (for him, who is also your son).
Assalamu alaykum wa rahmatullahi wa barakatuh, I wanted to know if it’s permissible to meet a revert sister who doesn’t have any suitable mahrams for marriage in the presence of a 3rd party like a married couple or another sister who’s covered. In the country she lives in (Belgium) there’s only one salafi centre we know of and they might not be able to speak English and I can only communicate with her in English. So should we have the first meeting with an appointed walee from the salafi centre or can we have the first meeting with a 3rd party like a married couple or another sister? Barak ALLAHu Feekum
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. Any third party will suffice to keep the meeting from being impermissible khalwah (seclusion). The affair is easy, wal-hamdu lillaah.
Respected shaykh: This is a question about marriage: is it true that it is Sunnah or the default state for the husband and wife to sleep in separate beds, and then then to call the wife to the bed? ######### mentioned it in a class about the rights of the spouses a long time ago. What would be the ruling then about those people who say it is not romantic sleeping in separate beds? Is this mockery or hate of the Sunnah then?.
I have also heard the Prophet (salallahu alaihi wa salaam) used to share a bed with his wife during menstruation. Please clarify this matter for us.
The Sunnah is to share a bed with your spouse as the normal routine, and to separate only when there is a need, like to correct the woman’s behavior, or if one of them is sick. It is a misunderstanding of the hadeeth (which means) “When a man calls his wife to his firaash…” that this refers to her leaving her (separate) bed to join him in his (separate) bed for intercourse.* Many interactions in the Sunnah indicate otherwise. The Prophet (may Allah raise his rank and grant him peace) used to sleep with his wives, not just for intercourse, but sharing warmth and enjoying the relationship which Allah described in Soorah al-Baqarah (v.187) [what means] “They (your wives) are garments for you, and you are garments for them.” ‘Aa’ishah would reach out for him in the late part of the night and find him standing in prayer. And Allah knows best.
* What is correct is the meaning is: When he requests her for intimacy, wherever that may be, and the mention of the bed (firaash) is only (خرج مخرج الغالب لا مفهوم له) used as the most common place where that would take place; it is not a restrictive clause in the hadeeth.
As for what someone may quote from Saheeh Muslim: «فراش للرجل، وفراش لامرأته، والثالث للضيف، والرابع للشيطان»
Which means: “A firaash for the man, a firaash for his woman, a firaash for the guest, and the fourth one is for the shaytaan”
Then al-Haafith an-Nawawi (may Allah have Mercy on him) said, as quoted by our shaykh, al-‘Allaamah Muhammad ibn ‘Alee Aadam (may Allah have Mercy on him) in his explanation of an-Nasaa’ee (28/157): واستدلّ بعضهم بهذا على أنه لا يلزمه النوم مع امرأته، وأن له الانفراد عنها بفراش. والاستدلال به في هذا ضعيف؛ لأن المراد بهذا وقت الحاجة كالمرض، وغيره كما ذكرنا، وإن كان النوم مع الزوجة ليس واجبًا، لكنه بدليل آخر، والصواب في النوم مع الزوجة أنه لم يكن لواحد منهما عذرٌ في الانفراد، فاجتماعهما في فراش واحد أفضل، وهو ظاهر فعل رسول الله – صلى الله عليه وسلم – الذي واظب عليه مع مواظبته – صلى الله عليه وسلم – على قيام الليل، فينام معها، فإذا أراد القيام لوظيفته قام، وتركها، فيجمع بين وظيفته، وقضاء حقّها المندوب، وعِشْرتها بالمعروف، لا سيّما إن عُرف من حالها حرصها على هذا، ثم إنه لا يلزم من النوم معها الجماع.
Which means: “Some of them used this as proof to show that it is not required for a man to sleep with his wife [in the same bed], and that he may choose to sleep separately in his own bed. Using this as a proof like this is weak, since the intention is for when there is a time of need, like illness, or other things we have mentioned. This is the case, even though sleeping with the wife is not obligatory. Yet, based on other evidence, what is correct regarding sleeping with one’s wife, when neither of them have any excuse to sleep separately, is that sleeping together in one bed is better. This is the most apparent take on the consistent behavior of the Messenger of Allah (may Allah raise his rank and grant him peace), while he (may Allah raise his rank and grant him peace) used to consistently pray at night, and he would sleep with her (his wife). When he wanted to get up for his nightly work (i.e. prayer), he would get up and leave her. Doing this, he would combine between his night shift (in prayer) and fulfilling her recommended rights and living with her in kindness, especially when it was known that she was vigilant about that (i.e. she wanted his company at night as they slept). Additionally, it is not a must that sleeping with her (in the same bed) means having intercourse.”
Assalamualaikum Wa rahmatullahi wa barakatuhu,
This information has only just came to light, me and my husband have been married for a couple of years and have a child. My father had given permission for me to get married however was not present at the time of marriage and my maternal uncle was there instead as my only mahram as my father stayed home to greet people offering condolences as there had been a death in the family.
I don’t know if my father had officially put my maternal uncle in place as a walee as I had just asked my mother to ask my uncle to be there if my father couldn’t. I don’t know how my father felt about it. Is my marriage valid ? To summarise, my father gave permission to get married but was not there at the time of the marriage contract being signed. Jazak Allahu Khayran
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. If there is no dispute about your father giving his permission for the marriage, then the marriage is valid, and do not ask questions like this. May Allah bless you.
Assalamu alaykum, I hope this reaches you in khayr
If someone is tried with the secret habit prior to getting married must this be disclosed prior to them getting married to the respective spouse?
Wa ‘alaykum as-Salaamu wa rahmatullaah. I do not see any benefit in communicating that; it is better left private and repented from in private. I do not see how it would effect the quality of the life of the spouse, so as to have any benefit in being disclosed (unless there was some kind of physical effect that remains and is a potential cause of concern). And Allah knows best.
Assalamu alaykum,
How can one get in contact with an official court for judgement, when living in a land of kufr, regarding a special case?
Wa ‘alaykum as-Salaamu wa rahmatullaah. I’ve never heard of a real Islamic court in the lands of non-Muslims, one that could enforce a ruling. This is one of the worst aspects of living in such lands; you often cannot get your real rights when there is differing, as the people have invented their own ways of judging in matters. I would suggest that you speak with the other party and agree to seek arbitration from a student of knowledge in order to resolve the issue. In non-Muslim lands, this is based on voluntary compliance, as the arbitrator would not have any legal power to enforce his decision. It would be up to the two of you to agree to abide by the decision, whether it is for or against you. May Allah give you success.
As salaamu alaykum,
My husband was previously married to… [details removed by admin] Please advise me.
Wa ‘alaykum as-Salaamu wa rahmatullaah. May Allah bless you and give you success. I advise you to seek out a good marriage counselor in your area, from your local (or nearest) Salafi community. May Allah aid you and grant you relief from your hardships.
Asalamu ‘aleykum wa rahmatullhi wa barakatuhu Ustadh,
There is no salafiyyah where I live. My father may Allaah have mercy on him, he is lackadaisical with the salah, prays off and on. I have only paternal uncles who live in other countries and they have loyalty to him because he is their brother. And the local mosque here likewise have loyalty to him. In addition I suspect he would become enraged if I got married without his permission. Is him being a wali over me valid? or must i ask him to transfer it to the closest paternal uncle in proximity to me?
May Allaah preserve you
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. May Allah aid you.
Show love and respect to your father, and strive to aid him in becoming better in the religion. In your situation, it seems like there might be some serious repercussions to consider, so the possibility of removing him from his position as walee needs evaluated by a competent and unbiased third party. Try to improve your relationship with him and help him in his religion, with kind words, love and genuine concern, and there is great reward in that, and comfort and ease in your affairs if Allah grants you success. And Allah knows best.
Asalamu alaikum Warahmatullah. What about sisters or couples in general seeking divorce and using the western law system? Where the sister gets half of money and the custody of the chidren etc?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. When a spouse takes property from the other spouse which is not theirs by right, this is oppression. It is even worse and more dreadfully sinful when done through non-Muslim authorities, seeking their judgment. In Islam, the right to personal property is not affected by a marriage or a divorce. Each person in the relationship keeps their property, during the marriage, and after it ends. Seeking the rulings of non-Muslims to gain some material possessions is nothing but corruption, serious corruption, as Allah says:
أفحكم الجاهلية يبغون ومن أحسن من الله حكما لقوم يوقنون
“Is the verdict of Jaahiliyyah (pre-Islamic ignorance) what they seek? Who is better in judgment than Allah, for a people who believe with conviction?” [5:50]
ألم تر إلى الذين يزعمون أنهم آمنوا بما أنزل إليك وما أنزل من قبلك يريدون أن يتحاكموا إلى الطاغوت وقد أمروا أن يكفروا به ويريد الشيطان أن يضلهم ضلالا بعيدا
“Have you not seen those who claim they believe in what was sent down to you and what was sent down before you, as they desire to get verdicts from the taaghoot (those who rule by other than what Allah legislated), while they have been ordered to disbelieve in that? Shaytaan only wants to lead them far astray into misguidance.” [4:60]
Muslims must come together in their relationships according to what is pleasing to Allah, and they must separate when needed in ways that Allah legislated and He is pleased with. Muslims -by definition- are those who submit and comply to the rulings of their Lord, in creed, worship, manners, and interactions. May Allah make us better, and may He give us awareness of the plots of our sworn enemy.
Asalamu alaykum. If someone’s father shared what was being talked about during the sit downs with someone else does that nullify the marriage if the marriage took place ? Also if the witness was praying off and on before the Nikka but they prayed on the day of the nikkah is the marriage still valid ?
Wa ‘alaykum as-Salaamu wa rahmatullaah. What you described might be a violation of the trust of sensitive and private information, depending on how it was shared and with whom. Witnesses being reliable and acceptable is a judgment call made by the official who conducts the marriage. If the judge marrying them learns about someone not praying regularly, he would likely replace him with another witness. If he was deemed reliable and valid as a witness at the time of the marriage, and then such concerns came about later, this does not retroactively impact the contract. In any case, a judge can review such concerns and rectify anything that needs rectified; it is not for individuals to cancel contracts based on such claims. These matters are to be referred back to the authorities. And Allah knows best.
Asalamu alaykum
How can a young muslimah in her teens who wants to get married get acquainted with a spouse, get to know him, and ask questions related to marriage and his life, deen and character, in the situation whereby her father (wali) doesn’t see the need to search for a spouse for her and he expects her to go out searching for a man. She also doesn’t really have any salafi elders around her.Knowing that a woman is not allowed to chat privately with men nor is free mixing allowed in Islaam. How can she go about searching for a compatible spouse. Jazaakumullahu khayran
Wa ‘alaykum as-Salaamu wa rahmatullaah. Really knowing the spouse never happens until after the marriage, and even those who blindly follow Western ideas (like dating) eventually find this out. So the expectation of truly knowing the spouse, or achieving “a 95% level of compatability” (as the non-Muslims assess things) before marriage is not realistic. Abandon these Western ideas. Look for good basics and solid foundations to build a family upon. You need to ask questions through your walee or in his presence, which are important and represent the most important aspects of character or specific things you are looking for in a spouse. If your walee loves you and takes good care of you, he is already looking into these matters with each potential spouse. If your relationship with your walee is not that great, and he does not look after your concerns, then seek help from Allah, and then from some of His worshippers in rectifying that. There is great reward in bettering your relationship with your close family, and personal benefits that return to you and the quality of your life as well. May Allah make it easy and grant you success.
Jazaakumullahu khayran. May Allah reward you in abundance. How should i approach searching for a spouse in a halal way. And is it allowed to have a sit down with an intended spouse in the company of my friends (to avoid seclusion) as my father doesn’t see the need to do any investigations. How do i determine good basics and solid foundations.
May Allah elevate your status and increase you in knowledge. Aameen.
Communicate with a potential spouse in whatever non-secluded forms of communication you prefer, by phone, written messages, or personal meetings, so long as he is someone whom your walee approves of. How do I determine good basics and solid foundations? That is more easily done by the walee, as he investigates the potential spouse, checking out his personal (religious) history, his level of financial preparation, and how he behaves when angry and under pressure. None of this is done by asking the person. It is done by asking those who have traveled with him, lived with him, or dealt with him extensively. If your father cannot investigate to the level of your satisfaction, then ask another family member to help, or do it yourself. May Allah aid you and give you success.
Assalam alaikum wa rahmatullahi wa baraakatu
What if a sister got married and the day after she got married and moved in with her husband she discovered her husband uses electronic cigarettes? She was upset about not knowing this before the marriage. Does she have to stay in the marriage or can she leave because of this?
Jazaak Allahu khayran
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. This is something that can be the reason for a judge to annul such a marriage. Lack of disclosure of habitual sin, especially one that is seriously self-harmful and harmful to others. This is NOT a judgment; it is only advice. Return the matter to the local Muslim judge/court, asking him for annulment. If this is after seclusion and/or consummation, the wife would be entitled to keep the entire dowry. If this is before seclusion and consummation, she has a right to half of the dowry. The judge in the case determines what level of seclusion counts if there is any differing. And Allah knows best.
السلام عليكم ورحمة الله وبركاته
Does the Wali need to hear the bride’s consent? Ex: a sister as an Imam as a wali and has never spoken to him. She tells her acceptance to another sister over phone who then tells her husband who then tells the Imam. Imam acts as wali and marriage is contracted. Would this make a valid Nikah?
جزاكم الله خيرا
وعليكم السلام ورحمة الله وبركاته
What I witnessed in the court system in Saudi Arabia, where precautions are taken to remove any doubtful matters, they require the presence of the bride at the time of the contract, and the judge verifies her consent directly with her.
Asalamualaykum
What is the validity of a child and marriage where the father rejects a practicing man for unislamic reasons and his daughter, goes to another country and gets married to this man without his permission, and later becomes pregnant. Without knowing marrying without the father’s permission invalidates the marriage?
Wa ‘alaykum as-Salaamu wa rahmatullaah. Such a case is referred to an Islamic court or authority, to be investigated specifically and receive a specific ruling.
In general, marriage without the walee’s approval is invalid, according to most scholars, and it is what is most correct according to the evidence, like the hadeeth reported by a number of companions, collect by al-Imam Ahmad and the authors of the four Sunan compilations:
لا نكاح إلا بولي
“There is no marriage without a walee.”
And Allah knows best.
Assalāmu alaykum wa rahmatullāh wa barakātuh.
Please Is a nikah valid after staying separate for over 6 month?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. Yes, a valid nikaah remains valid until there is clarity about it having ended. Abandonment is a reason for a woman to pursue an eelaa case (abandonment) from an Islamic court. But the judge investigates the matter; he may order the husband to return to the wife and resume the relationship, or to divorce her if that is not possible. If the husband does not cooperathe, the judge may separate them and cancel the contract himself, as an authority. Yet the wife cannot simply say: “He abandoned me, so this marriage is over,” and then pretend she is not married.
My second question is:
In case the husband traveled and left his wife but they had misunderstanding and she packed her belongings and left her matrimonial house for over 1 year.
Is the nikkah still valid?
Bārakallāhu fika
A valid marriage contract remains valid, like all contracts and agreements, and it is not rendered invalid based on misunderstandings. It ends with clarity. A divorce. An annulment from an authority figure. The public record is updated. This couple should come back and talk to one another, and decide if they want to continue the marriage or end it. If they wish to end their marriage, they do so with clarity, they take witnesses for the divorce for example, and it is registered with the Islamic court in modern times, which updates the public record.