The Permanent Committee for Scholarly Research and Legal Verdicts, headed by Shaykh ‘Abdul-‘Azeez ibn Baaz [d.1420] (may Allaah have Mercy on him), was asked about the step-father and maternal uncle of a young lady – Can they take the position of the walee (legal guardian or representative) in a valid marriage?
They replied:
The step-father is not a (valid) walee for his step-daughter, and nor is the maternal uncle (from her mother’s side). Instead, only the male inheriting blood relatives can be legal representatives (for marriage), the closest of them in relation having the priority – the father being first, then the grandfather, and then the son, and then her brother (from both parents), and then her half-brother (from her father’s side), etc.
And through Allaah (alone) is succes. May Allaah raise the rank of our Prophet Muhammad, and grant him, his family, and his companions peace.
[Shaykh] ‘Abdul-‘Azeez ibn ‘Abdillaah ibn Baaz
Head
[Shaykh] ‘Abdur-Razzaaq al-‘Afeefee
Deputy-Head
[Shaykh] ‘Abdullaah ibn Ghudayyaan
Member
Source: Fataawaa al-Lajnah ad-Daa’imah (18/174)
Translated by : Moosaa Richardson
is he sufficient if none of these people are present and or muslim or do we refer her to the masjid
barakallahu fik
When none of her male family members are alive or suitable* then the scholars differ over which action is to be taken, as taught to me by Shaykh Muhammad ‘Umar Baazmool. Some say she returns to the Muslim authorities to appoint a wakeel for her. Others say that she may choose someone herself.
Obviously, when choosing someone who is not a blood relative, the step-father who raised her is a great choice, since he is already mahram for her and can interact with her closely, as opposed to a non-mahram man. And Allaah knows best.
*Lack of suitability is determined by a Muslim judge after an investigation of claims of insuitability. Its not a light affair as many take it in the West. The right of wilaayah is a basic right of a man over his female family members, and it is not taken from him except with clarity and authority.
I was recently told that if a woman has no male relatives on her father’s side, then she is to be turned over to the haakim rather than any relatives on her mothers side, such as a brother or uncle. Have the ulema spoken about this?
baarak allahu feek
Shaykh Muhammad Baazmool mentioned to me that some scholars say she must go to the Muslim ruler for him to appoint a walee, and others said that she chooses a suitable walee for herself in such a case. He said that either is acceptable.
As salaamu alaykium..in the case of the female going to the muslim ruler…in the land of kufr where there is no islamic legislation..where then would a female go to be appointed representation?
wa ‘alayk as-salaamu wa rahmatullaah. To a reliable Islamic Center.
Assalaamu Aleeykum, I am a bit confused. I don’t know whether you’ve mentioned her uncle (from dad’s side) Would they come after her grandfather, if both her father and grandfather are no longer around?
wa alaykumus-salaamu wa rahmatullaah. Read this article for a detailed list of inheritors and walees for marriage: https://www.bakkah.net/en/dont-play-games-with-wilaayah-the-right-of-being-the-walee-for-a-marriage.htm
Asalaam alaykum wa rahmatullahi wa barakatu
I see you mentioned (unsuitable) which I would like to inquire further about. Does a father who has been… [mention of various acts of neglect and disobedience removed by admin]
Is he able to represent his daughters when it comes to marriage? Is he able to be her Walee?
Individual cases are to be presented to a Muslim judge or authority. Disqualifying a man from wilaayah and giving his right to someone else is a judgment which requires investigation, not something which can be obtained from a question posed from one of the familty members.
Bismillah Walhamdulillah Wa Salaah Wa Sallam ala Rasulillah Amma Ba du
As Salaamu Alaikum Baarak Allahu feekum for this and all your efforts and beneficial website. I am one of the responsible brothers […] who handle the sisters affairs,
Recently I married one of the sisters off who has a muslim stepfather, I attempted to reach out to the brother to cross our T’s and dot my I’s. I left him a voicemail but he never responded.
After approxiametely a month went by I stood in as her walee . After five days had passed it came to light that I was lied to by the sister. Her stepfather finally contacted me with a bit of rage and anger. Some of it was misplaced at the manhaj As Salafi.
He deemed the nikkah to be null and void, however based on a fatwa of Shaikh Fawzan http://www.abukhadeejah.com/her-father-has-no-deen-her-brother-prays-only-jumuah-who-is-her-walee-for-marriage/ I went ahead and stood in as her guardian. What is the correct position in this affair?
Wa ‘alaykas-salaamu wa rahmatullaah. If you took a man’s position as walee away from him without investigation, only based on one person’s claims, then you have taken a man’s right without due process. This is an act of oppression which you would need to repent from. Furthermore, a marriage without the rightful walee or his representative is invalid. Also, if you have not been appointed to make such judgments in cases like this, then you have far overstepped your limit, so fear Allaah, repent, rectify, and avoid such behavior in the future. Please read this: https://www.bakkah.net/en/dont-play-games-with-wilaayah-the-right-of-being-the-walee-for-a-marriage.htm And Allaah knows best.
Baaraka Allahu feekum for your timely response and much needed naseehah. For clarity I am one of the responsible individuals at the masjid who handles the marriage disputes and divorces. I want to make sure I understand that the issue of guardianship extends to a step father. If so then tayyib if not then how can a step father lose a right that he originally didn’t have? I may have misunderstood the post about the position of the step father. Jazaakum Allahu Khairan
The step-father is not a rightful walee, unless he has been appointed by the rightful walee or by those responsible in the absence of a walee.
What if the female lives in America and her entire paternal family (including her dad) lives in Somalia, and she never met them (accept when she was very very very young) and she doesn’t know them nor have any means to contact them, and all she has in America with her, is her mother, her step father since young and her brothers from her step father and mother?
She has the obligation to get in touch with her parents, and her mother has the obligation upon her to assist her daughter in contacting and staying in touch with her father. This is not something swept aside. Many people who claim they have no way to contact their fathers are simply not taking the issue seriously enough. Family ties and dutifulness to one’s parents are extremely important in Islaam. May Allaah aid her and give her success in reconnecting with her father. If she needs to get married before then, a recognized Muslim judge or authority can look into her case and make a judgment about how she should get married. And Allaah knows best.
Assalaamu alaykum can a woman [when appearing in front of a potential spouse] … wear very subtle makeup (eg just to conceal under-eye bags/blemishes on face) ? [message truncated by admin]
wa ‘alayk as-salaamu wa rahmatullaah. Wearing makeup in such a case is not permissible AND it goes against the very point of the meeting. Let the man see the blemishes and make an informed decision. Neither spouse may hide defects, rather honesty and transparency are a must. And Allaah knows best.
I am a muslim sister living in the west my father i dont live with my father but i have his contact details will it be possible for me to ask him to give the wilayaa to my maternal uncle who is practicing and would be a suitable wali for me
Dear sister, do not be pleased with yourself if you do not have a relationship with your father. Saying that you “have his contact details” indicates that, and Allaah knows best. Rebuild your relationship with your father, intending to earn the pleasure of Allaah. How else will you fulfil the Quranic orders to be dutiful to your parents, those orders which come right after the order to worship Allaah alone? See Quran: 4:36, 6:151, and 17:23. Please review these Verses and rebuild ties with him. Giving this matter a high priority will lead to great things, in shaa’ Allaah, like a truly blessed marriage for yourself, and may Allaah bless you and grant you success! And yes, any person (fit for wilaayah) whom your father deputizes to be a walee in his place is the valid walee. And Allaah knows best.
As salaamu alaikum I have a question? I know we are to honor our parents!!! So my questions is does this apply if our father is a nonbeliever?
Wa ‘alayk as-salaamu wa rahmatullaah. May Allaah bless you and increase you in goodness. Yes, we still respect our parents, remain in their company, and behave dutifully to them, even if they call us away from our Religion, see Quran 31:15. Just do not obey them when they order you to ascribe partners or disobey Allaah. NOTE: Legally, the wilaayah (for the validity of a marriage contract) of a non-Muslim father over a Muslim daughter is not valid. And Allaah knows best.
As salaamu alaykium wa rahmatullahi wa barakatuhu I live in the west and my father severed ties when I was 18 due to the court system. He was never really around growing up, I’ve tried to reach out to rebuild a relationship numerous times but he denied me. What should I do?
Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. Seek Allaah’s Assistance, and keep trying. May Allaah give you success.
As salaamu alaykum warahamatullahi wabaarakaatuh brother Moosaa. are step-fathers considered muhaarim?
Wa ‘alayk as-salaamu wa rahmatullaah. Yes, just not rightful walees for the marriage contract.
assalam alaykoum, are step-brothers considered maharim? (Not to act as her walee) Even if they are not Muslim?
Wa ‘alayk as-salaamu wa rahmatullaah. No, step-brothers are not mahram for step-sisters. They share no mother or father, and the mahram relationship of the parent to his/her step-children is only for that parent (see Quran 4:23), and it does not transcend to his/her children. And Allaah knows best.
As salaamu alaikum. I’m curious that if the sister has no Muslims on her paternal side but an uncle that’s Muslim on her maternal side can she appoint him to be her wali or does she have to go to the masjid.
Wa ‘alayk as-salaamu wa rahmatullaah. Appointing mahram men to positions of wilaayah makes perfect sense in situations like this. And Allaah knows best.
Assalamu alaykum Ustadh. Apologies for being off topic but I don’t know where to ask these questions and I really need to know the answers.
1. Is it allowed to marry two women in the same day?
2. Polygyny is forbidden where I live (a non muslim country in the west). Is it sinful if I indulge in plural marriage or do I need to make hijrah to do that?
May Allah reward you with good.
Wa ‘alayk as-salaamu wa rahmatullaah.
1. Yes.
2. No, it is not sinful in Islam, unless you have voluntarily agreed not to marry a second wife, then you must live up to your agreement religiously. Without any special agreement, you just need to be knowledgeable of and ready for the legal consequences of such an action in the land you live in. Perhaps you might be jailed or face other forms of persecution. In such cases, you need to avoid that. And Allaah knows best.
assalamu alaikum wa rahmatullah wa barakatuh,
not really a question about wilaayah, but is a great uncle (one’s parent’s uncle) considered a mahram for a woman? is there a difference between maternal and paternal great uncles?
baarakAllahu fikum
Alsalam alaykum,
I don’t have ties with my father because of he crimes he’s committed against my mother and our family. I have never lived under my fathers roof and he is completely cut out from my life. I don’t have ties with any member from his family and my grandfather isn’t alive.
Can my moms full blood brother be my wali? Or do I have no choice except that my father is my wali?
Wa ‘alayk as-salaamu wa rahmatullaah. You do not have the right to cut off ties with your father like that. Fear Allaah, repair the broken ties, advise your father after rebuilding ties with him, about harms he should repent from. Furthermore, you do not possess the right to cancel or replace his wilaayah over you. This is a difficult issue and a real test for you! May Allaah give you sincerity and success!
Salamualaykum Amu my sister and I share the same mother but not ththe same father am I the Walee or is her step father (my dad) the Walee.
Wa ‘alayk as-salaamu wa rahmatullah. Her father (not step-father) is her walee. You would be the walee in the absence of any higher ranking walees, and her step-father would only be the walee if a legitimate walee appointed him (like any other person), and Allah knows best. Re-read the article, as the basic point of the article is to show that the step-father is not a woman’s walee.
Asslamu alaikum ustad,
Should a sister marry a brother lower than her in knowledge? If he is salafi, prays, works, has good manners etc
Or should she strive for a student of knowledge?
What else should she look for in a potential?
Jazak’Allah khairan
Wa ‘alaykum as-Salaamu wa rahmatullaah. She should marry a man with good Deen, one who acts by what he knows, even if he does not know a lot. He will honor her rights, take good care of her, and learn from her if she is more knowledgeable than him, in shaa’ Allah. And Allah alone is the One responsible for our success.