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:

i have question and i need an answer on it i have gone through all the question related to chatting in in the q and  website, the reason i am here is its because my case is not like the other cases allhamduallah i have always kept Allah in mind. i come from India and i always prayed to Allah that i marry some one from Palestine who are in distress because of the problems they are facing and i wanted to take an active part by marrying some one who has been facing a problem in that region, since i was in India and i hale from a middle class family the best way of know more about culture and creed of the Palestinian people was thought the internet,from the time i was young i always wanted to marry some one who is in need of a marriage (from Palestine and not from my country) and during this course of my search i found a woman who has a 58  old mother who's father has left her mother (divorced) when she was 1year old and since then her mother has taken care of her studies and he bringing up and he has never been with her father all her life but her father stays in the same city married to another women and has children from her.

this girl is 27 years old and i am 5 months younger to her,  she has no brother and sisters and no own property or asset of her family to support her, alhamduallah she is educated and speaks english well, during my finding of Palestine i have also found that men in Palestine look for women who are young in age and who look pretty and so and so with particular features now and this is one of the reason she is not married yet a she is a normal looking girl, i have allhamduallah taken a step of proposing her for marriage and  i have come to saudi arabia so as to make this happen inshallah.(note : chatting was the only way for me to reach these people and to know more about it as marriage in this case is not a one night ceremony it needs to be planned practically ) of course Allah controls the button we have to try.

I have trusted this story of hers and i also agree that it cannot be trusted and also it can also be trusted but Allah knows best i don't fear of a bad future because i have left my trust on Allah on this matter and i have asked him to help me in the future to keep my marriage safe, allhamduallah she is a pious women and has faced a lot of atrocities related to society and traditions that contradict the Islamic way of life. i have always asked Allah to keep me guided and if at  all the above is true then move me away from it, i have great deal of  love in form of sympathy for her. allhamduallah she is nice girl by nature and by knows Islam and she has seen enuf of life and reality well may be since she has no father from the time she is young she will have flaws in her practice but Allah will guide her.

she is from Jerusalem and her area has been frequently affected by israel intrusion as she stays close to mas jid al aqsa

i have two question in mind which i need a clarity in this case

1)  her mother is divorced from the time she is young and she has not married anyone else so that she can have the custody of her bring her up and taking which allhamduallah she has done, now when i have to ask her hand to (wali) as her fathers side has not taken care of her even for 1 day in her life of 27 years her mother has brothers and can her mother be a wali?

2.) in this case where i had to use chatting as mean of communication and informations is it still haraam to do so because as we all know its not a normal wedding like all other have because west bank is controlled by Israelis and lots of restrictions they have imposed so its need a lot of planning on both sides and that can only happen by chat,

note she has no one interested among her uncles to take the responsibility of her wedding or life to discus all these issues i came across this person as i always asked Allah for and now i feel its my responsibity to react and not stay quite like a coward like some men do. so as you said in some of ur replies but i have noted that my situation is different from those there in the website thats y i am mailing you.

regards

awaiting you reply to this question as its important for decision and direction

salaam

(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 mother be 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.

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."

Dear and beloved brother in Islam, it is not permissible in Shariah for a woman to assume the role of a ‘wali’ and give another woman in marriage.

Thus in your particular case, if the father of the girl is alive but not reachable or available, and even the maternal or paternal uncles of the girl do not wish to take responsibility for the girl…..then the mother and the daughter are well within their rights in Shariah to assign any pious believer as the ‘wali’ of the girl, or the Judge or Qadi who is designated to perform the marriage can himself be nominated as the ‘wali’ of the girl and give her hand in 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