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:

As Salaam Aleikum wa Rahmatullahi wa Barakatuh

I am getting married to a girl who`s father is seperated from the girl`s mother yet not divorced.

The father was a muslim and the girl`s mother was a Hindu who converted to Islam after her marriage. After their separation the girl`s mother reverted back to Hinduism and the girl whom i want to marry also was made to do the same.

Today she has forsaken Hinduism and has accepted Islam completely.

The girl`s immediate family consists of herself, her mother & her sister.

I want to know a few things abt the girl whom i want to marry:

Is her father still the legal guardian of the girl although there is no contact between the father or the daughters and their mother nor does he support them monetarily.

Do we still need her father`s permission before we get married or would her mother`s permission be considered valid ?

Can her mother be accepted as her `wali` or does it have to be a male or a Believer ?

Can a Non believer be accepted as her wali.ie her uncle mother`s brother or mother`s sister`s husband etc ?

Brother it would mean a lot to me if you could respond to this enquiry at the earliest as im getting married in a few months.

(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:

Can disbeliever be wali for marriage

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.

Q-1: Is her father still the legal guardian of the girl although there is no contact between the father or the daughters and their mother nor does he support them monetarily.

As long as the biological father of the girl is alive, he will legally remain the ‘wali’ or guardian of his daughter ….regardless of whether he chooses to fulfill his duties towards his daughter or not.

Q-2: Do we still need her father`s permission before we get married or would her mother`s permission be considered valid ?

One would indeed need the permission of the legal guardian or the ‘wali’ of the believing woman to get married to her. If the father of the girl is not in contact, or any of her other male believing guardians are not available or not in contact, then the girl has a right to appoint any trustworthy believer as her ‘wali’ for her marriage.

Q-3: Can her mother be accepted as her `wali` or does it have to be a male or a Believer ?

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."

A woman cannot be legally accepted as the ‘wali’ for another woman, nor can a disbeliever be accepted as the ‘wali’ of the believing woman for a marriage in Shariah Law.

We reiterate again that if none of the legal guardians of the bride are alive or available, the girl is well within her rights to appoint any trustworthy believer as her ‘wali’ or guardian for her marriage.

Whatever written of Truth and benefit is only due to Allah’s 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