:salamext:
Secondly, since this lady in question has converted to Islam, thanks to Allaah, none of her kaafir family members can act as a guardian (wali) of her interests; no kaafir can act in this capacity over a Muslim. If there is a Muslim with some authority in your area over the affairs of the Muslim community, then he can act in this capacity, based on the Prophet's
(peace be upon him) hadeeth:
"No marriage contract can be concluded without the presence of a Wali. A Sultan (authority figure) can act as a Wali for those without one." (see Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.)
If there is no authoritative Muslim person, then one should refer to the community Muslim leader or any Muslim who is just ('aadil), respected, and of high character, such as the director of the Islamic center or its imam, to conclude the marriage contract of this sister, with her consent.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
Wali of Muslimah if her parents are kuffaar
http://www.islam-qa.com/index.php?re...n=eng&txt=wali
Fourthly: If there is no wali and no shar’i judge, then her case should be referred to the ruler or whoever is acting in his stead. If there is no such person, then her case should be referred to the sharee’ah courts. If there is no sharee’ah court, then her case should be referred to a man who holds a position of leadership among his people and is committed to Islam. If there is no such man, then her case should be referred to any trustworthy and religiously-committed man who is fit to be a wali.
Ibn Qudaamah said: if a woman does not have a wali and there is no ruler, then according to Ahmad, any religiously-committed man may arrange her marriage with her permission. (al-Mughni, 7/352).
Shaykh ‘Umar Al-Ashqar says:
If there is no Muslim ruler and the woman is in a place where the Muslims do not have a ruler and she has no wali at all, such as the Muslims in America etc., then if there are Islamic organizations in that country which take care of the Muslims’ affairs, they should step in and take care of arranging her marriage. The same applies if the Muslims have a leader whom they obey or someone who takes care of their affairs.
(
Al-Waadih fi Sharh Qaanoon al-Ahwaal al-Shakhsiyyah al-Urduni, p. 70).
The girl’s father disagrees with a marriage –what is the solution?
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http://www.islam-qa.com/index.php?re...n=eng&txt=wali