Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The wali is necessary, the wali is necessary. He is the adult male from the woman's 'asabah (residuary male heirs). Listen to my words.

Machine translationRead the Arabic original
The Shaykh : First: The wali is necessary, the wali is necessary. He is the adult, sane male from the woman's 'asabah (residuary male heirs). Listen to my words. Is the man complete? The adult, sane male from the woman's 'asabah (residuary male heirs). Accordingly, a woman cannot be a wali, meaning: a mother does not marry off her daughter, because the mother herself needs a wali. The opposite of adult is minor. So a minor cannot be a wali, even if he is the smartest of people. So if a woman has a full brother who is smart and sane, and she has a distant paternal cousin who is an adult and sane, and the conditions of guardianship are met in him, who marries her off? The distant paternal cousin. And that is due to the lack of adulthood.
The opposite of sane is what? The insane person; he cannot be a wali. Rather, he needs a wali.
From the woman's 'asabah (residuary male heirs): this is a precaution against those with fixed shares and those related by blood. Those with fixed shares have no guardianship. Those related by blood have no guardianship. Does the maternal grandfather become a wali for his daughter's daughter? No. Why? Because he is not from the 'asabah (residuary male heirs). Did you understand, people? The woman's maternal grandfather does not become a wali for her, because he is not from the 'asabah (residuary male heirs). Is her paternal grandfather a wali or not? He is a wali, because he is from the 'asabah (residuary male heirs). Accordingly, if the maternal grandfather and a distant paternal cousin are present, who marries the woman off? The distant paternal cousin, not the maternal grandfather. Good. The maternal brother, meaning: the brother from the mother, does he marry off his sister from the mother? Yes. Is the answer yes, or is the answer no? Which one, people, give me the correct answer? Yes? No, he does not marry her off. Why? Because he is not from the 'asabah (residuary male heirs). Accordingly, if a very distant paternal cousin and a maternal brother are found, the one who marries her off is the distant paternal cousin, if the conditions of guardianship are met. Be careful! Who is the woman's wali? Who is the woman's wali? The adult, sane male from the woman's 'asabah (residuary male heirs). What is the evidence that she must have a wali? Is it not permissible for a woman to sell all her wealth as she wishes within the limits of the Shari'ah?
The answer: Yes. But she does not marry herself off, because marriage is not a trivial matter; it is very serious. What is the evidence? The saying of Allah the Exalted:
And when they have fulfilled their term فإذا بلغن أجلهن
[Al-Baqarah 2:234]
Yes.
Do not prevent them فلا تعضلوهن
By His saying the Exalted:
do not prevent them from remarrying their [former] husbands فَلا تَعْضُلُوهُنَّ أَنْ يَنكِحْنَ أَزْوَاجَهُنَّ
[Al-Baqarah 2:232]
"Do not prevent them" means: do not stop them. And this indicates that she does not marry except with a wali, otherwise preventing her and not preventing her would be the same.
Second: The Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian. لا نكاح إلا بولي
Sunan Ibn Majah 1880Sahih (Darussalam)
. "No marriage" means what? Correct, no valid marriage except with a wali. This is one of the conditions of marriage. If a sane, knowledgeable, smart woman marries herself off to a suitable, pious man, is the marriage what? Invalid, because she did not marry with a wali.
There is no marriage except with a guardian. لا نكاح إلا بولي
Sunan Ibn Majah 1880Sahih (Darussalam)
.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas