I’m a revert sister who is getting married ASAP but I don’t have wali as none of my family are Muslim so who can be my wali? Can my soon to be husbands dad be the wali as if really like him to be or does it have to be someone who’s not related to his family?
2 Answers
A Muslim lady in Islam needs a wali to get married based on the view of the majority of scholars, with the exception of imam abu Hanifa who holds the opinion that an experienced woman (who for example was married before based on this hadith) can marry herself, as she knows best what she wants. The order of who can be wali has been discussed in Who can be wali, and in what order?. Proofs from the Qur'an for the necessity of a wali can be found in Why do only women need a wali for nikah?.
The same ruling applies for a marriage between a Muslim and a chaste lady from among people of the book, but in this case the wali can be her father etc..
Now in case of a convert or revert the ruling says that no non-Muslim can be a guardian for a Muslim therefore you need a Muslim wali. This is based on:
...and never will Allah give the disbelievers over the believers a way [to overcome them]. (4:141)
Again here there's an order the first you need to ask is a Mulsim authority or a deputy of this authority for example in a non-Muslim country the head of your local Muslim council or Mosque or an Imam or a person appointed by any of those beginning with the person of higher rank in this community. If none of these can be present or is available you may chose a good Muslim as your wali based on firstly the hadith declaring the authority as a guardian of those who have not:
“Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sunan ibn Majah)
And secondly based on this fatwa:
But if she is living in a country where there is no Muslim ruler or Muslim judge or guardian, as in the case of Muslim minorities in the lands of the disbelievers, then the head of the Islamic centre may arrange a marriage, if they have an Islamic centre, because he is like the ruler in their case. The head of the Islamic centre should examine her situation and arrange her marriage to a good and compatible man, if she has no guardians and there is no Islamic judge (qaadi). (Source: islamqa #247217)
and finally this fatwa (My own translation take it carefully) which explains some more:
فإذا كان وليها غير أهل للولاية عليها تولى نكاحها السلطان أو من ينوب عنه ، فإذا عدم أيضا زوّجها رئيس المركز الإسلامي أو إمام المسجد أو خطيبه أو عالم من العلماء ، فإن لم يوجد أحد من هؤلاء زوجها مسلم عدل بإذنها . (Source islamqa #175987)
If her guardian (wali) is not eligible for guardianship the Sultan (authorithy) or who ever can be considered in a similar position can arrange her marriage, and if even this was not available the head of the Islamic Center or the Imam of a mosque or the person who holds the Friday sermon or a scholar can do so, And if none these is available a good trustworthy Muslim can arrange her marriage with here agreement.
I am not a faqeeh or jurist. However, you question reminded me the case of Maraym Jameelah who was an American Jewish convert to Islam. Like you, she also did not have a wali. However, her landlord becomes her wakeel. She writes that "Mrs. Usmani's eighty year old father who explained to me in very clear English that he was going to be one of my wakeel or witnesses. " At Home in Pakistan (1962-1989): The Tale of an American Expatriate in Her Adopted Country p. 298
The ritual of her nikah was performed by Abu A'la Maududi, a famous Muslim jurist, journalist and imam.
Therefore, as for as I understand anyone can become you wakeel as for as you trust at him and he trust at you.
Allah knows the truth.
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1Do you have any evidences to support your claim that anyone can become her wakeel? Note that a wakeel is only a person who acts on behalf of somebody elseo who appointed him so this is simply wrong. She needs a wali first before having a wakeel if this would be necessary, but isn't!– JamilaCommented Jun 5, 2018 at 12:53
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"No marriage contract can be concluded without the presence of a Wali. A Sultan (authority figure) can act as a Wali for those without one." (see Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.) According to this hadith a wali can be a sultan. Means a community leader. Commented Jun 5, 2018 at 13:07
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This hadith doesn't answer my question nor support your claim! As nowhere you mentioned that the father of Mrs. Usmany is/was the community leader. Whatever abu 'Ala' al-Maududi has done is unclear to me as his presence if there is a wali and witnesses is not necessary unless it was him who was the wali! What I wanted to say with my former comment is that you seem to misunderstand the difference between wali and wakeel.– JamilaCommented Jun 8, 2018 at 9:43