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:

Salamou alaykom

I`m a muslim, I knew a german girl, she reverted to islam, after we married, we was reading that her father can not be her Walee because he is not muslim, and we wanted to make him honored at that time so we choosed him as witness. we heared that our wedding is not valid, and right now my wife is pregnent, we are really so confused, what we have to do, we don`t know if we can stay together at home or not, if she have to wear headscarf in front of me or not and if we can sleep together or not. help us please ?

Baraka Allahou fikom

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Answer:

Disbelieving father cannot 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.

For a ‘marriage’ or the ‘nikaah’ contract to be lawful and acceptable in the Sight of Shariah Law and of Allah Subhanah, the following four absolutely obligatory conditions of an Islamic ‘nikaah’ have to fulfilled:

1. Proposal by one party and acceptance by the other.
2. The determination of ‘mehr’ for the bride.
3. The availability of at least two witnesses to the marriage contract.
4. The consent of the parents/guardians (Wali) of the bride to the marriage contract.

Although it is highly recommended that one choose believing witnesses for their ‘nikaah’, there is no consensus amongst the scholars and jurists in Islam that if a disbelieving witness is chosen that marriage contract will be illegal or unlawful.

Thus brother, if indeed you chose to honor your disbelieving father-in-law and invited him to be a witness to your ‘nikaah’ with his daughter, rest absolutely assured that your marriage is absolutely legal, lawful, and valid in the Sight of Shariah Law.

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