Who acts as a Wali (guardian) in marriage if all her relatives are Kuffār? | Sheikh Yusuf Al-Jazā'iri ḥafidhahullāh
5 February 2024 • 927 views
Firstly: A non-Muslim cannot act as Wali for a Muslim according to Ijmā’. Allāh said:
﴿وَلَن یَجۡعَلَ ٱللهُ لِلۡكَـٰفِرِینَ عَلَى ٱلۡمُؤۡمِنِینَ سَبِیلًا﴾
“And never will Allāh grant the disbelievers a way over the believers.” [Sūrah An-Nisāʾ: 141] - This includes the role of guardianship (Wilāyah).
Secondly: The Prophet ﷺ said:
((لاَ نِكَاحَ إِلاَّ بِوَلِيٍّ))
“There's no marriage except with a Wali.” i.e. A Muslim Wali! So if the father cannot be her Wali, the responsibility gets passed down to the next male in line, according to the sequence of the ’Asabah [i.e. father, then grandfather, then son, then brother, then paternal uncle, then cousin (son of paternal uncle), etc.]
Thirdly: If there's no relative to fulfil this post, then:
((فالسلطانُ ولِيُّ مَنْ لَا وَلِيَّ لَهُ))
“The ruler is the Wali for the one who has no Wali.” This is a matter of Ijmā’ as relayed by ibn Qudāmah. And what's intended by ruler is: The Muslim ruler or anyone he entrusts to fulfil this service. In Non-Muslim countries, this role would be carried out by some sort of Shari’ah council.
Fourthly: If there's no such council, then -according to the view of Ahmad and others- she appoints a righteous man from amongst the Muslims to stand in as her Wali.