The sultan is the guardian of the one who has no guardian
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The first question of Fatwa No. ( 5377 ):
Q1: What should we do with a French man who came to declare his Islam, accompanied by a Muslim woman who says she brought him to the mosque to enter Islam and then marry him, knowing that she herself does not pray and does not wear the hijab, and that she is far away here from her family and relatives? Furthermore, the man himself confirms that he loves to become Muslim out of his own desire for Islam. So what should we do with them, and what should we do if they have already married each other a year or two ago and have children, and the man had not become Muslim until now? Is his Islam accepted? Does the waiting period (istibra') of one or two menstrual cycles apply to them or not? How can their marriage be regularized, given that the woman has no guardian (wali) here in France , neither near nor far? And what is the ruling on the children? They are undoubtedly children of zina?
A1: First: Inform him of your joy at his Islam, and that his entry into Islam is the greatest obligatory duty and the greatest blessing to be delighted in. Second: Explain to him the pillars of Islam and the foundations of faith, and the meaning of
the two testimonies, and the meaning of faith in the Last Day and divine decree, and clarify to him the falsity of the claim of the Christians regarding 'Isa, and that he must believe that 'Isa is a servant of Allah and His messenger, like the other messengers, and not the son of Allah. Glorified and Exalted is He above the claim of the Christians in the most exalted manner. And clarify to him that Muhammad (peace and blessings be upon him) is the Seal of the Prophets, and his message is universal for the jinn and humans, Arabs and non-Arabs. Likewise, explain this to the woman and ask her to embrace Islam anew; because abandoning prayer is disbelief. Third: If the woman has no Muslim guardian, near or far, then the head of the Islamic center in your area takes charge of contracting the marriage; because he is in the position of a guardian for people like them, based on the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2083Sahih (Al-Albani) , and the head of the center has authority in his location, due to the absence of Muslim judges in his location. Fourth: There is no need for istibra' if his previous connection with her was under the name of marriage, and their children are attributed to him, just as they are attributed in the case of intercourse under doubt (shubhah) through a defective marriage. And success is from Allah. And may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: What should we do with a French man who came to declare his Islam, accompanied by a Muslim woman who says she brought him to the mosque to enter Islam and then marry him, knowing that she herself does not pray and does not wear the hijab, and that she is far away here from her family and relatives? Furthermore, the man himself confirms that he loves to become Muslim out of his own desire for Islam. So what should we do with them, and what should we do if they have already married each other a year or two ago and have children, and the man had not become Muslim until now? Is his Islam accepted? Does the waiting period (istibra') of one or two menstrual cycles apply to them or not? How can their marriage be regularized, given that the woman has no guardian (wali) here in France , neither near nor far? And what is the ruling on the children? They are undoubtedly children of zina?
A1: First: Inform him of your joy at his Islam, and that his entry into Islam is the greatest obligatory duty and the greatest blessing to be delighted in. Second: Explain to him the pillars of Islam and the foundations of faith, and the meaning of
the two testimonies, and the meaning of faith in the Last Day and divine decree, and clarify to him the falsity of the claim of the Christians regarding 'Isa, and that he must believe that 'Isa is a servant of Allah and His messenger, like the other messengers, and not the son of Allah. Glorified and Exalted is He above the claim of the Christians in the most exalted manner. And clarify to him that Muhammad (peace and blessings be upon him) is the Seal of the Prophets, and his message is universal for the jinn and humans, Arabs and non-Arabs. Likewise, explain this to the woman and ask her to embrace Islam anew; because abandoning prayer is disbelief. Third: If the woman has no Muslim guardian, near or far, then the head of the Islamic center in your area takes charge of contracting the marriage; because he is in the position of a guardian for people like them, based on the saying of the Prophet (peace and blessings be upon him):
the sultan (man in authority) is the guardian of one who has none
السلطان ولي من لا ولي له
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.