𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (13)

Who will be the Wali (guardian) in marriage if all a woman's relatives are non-Muslim? Sheikh Yusuf Al-Jazā'iri ḥafidhahullāh said (paraphrasing): 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. ➡️@womensbenefits