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Does woman need permission from wali

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Salam, i am a 28 year old sunni muslim woman , i am divorced and i have a 5 year old daughter. I want to marry this man who has a christian name but he is muslim because hes mother was muslim but hes father isnt. He cannot change hes name because if work and official matters. Do i need my parents permmision to marry? Can i marry him with hes name as it is? 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Does woman need permission from wali

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.


 

Your Question: .Can i marry him with hes name as it is? 

As long as the person declares the shahaadah or testimony of faith that there is no god worthy of worship except Allah Subhanah Alone and that Mohamed (saws) is Allahs Messenger..regardless of what name was assigned to such a person at birth.the person will be considered a believer and eligible to marry a believing woman.

 

Your Question: .Do i need my parents permmision to marry?

Al-Tirmidhi Hadith 3137 Narrated by Abu Hurayrah

Allah's Messenger (saws) said, "A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage."

 

Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu'minin

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times.

 

Under normal circumstances, it is unlawful in Shariah Law for a woman to give herself in marriage, or to marry someone without the prior consent of her wali (guardians).

 

The precise consent of the wali (guardian) of the bride like her father, or her uncle, or her brother, etc. is an absolutely obligatory condition of marriage in Shariah Law. Under normal conditions, the marriage of a believing woman without the consent of her wali would be null and void in the Sight of Shariah Law.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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