Qualities of a Wali?

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Umu 'Isa

Umu 'Isa

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:salamext:
I asked this question in the sisters section and didn't get much of a response..

I was wondering, what should a single revert girl look for in a wali? Does he have to be a prominent figure of the islamic community? And what duties does he have to fulfill? Does he act as her guardian?

Evidence from Qur'an and authentic sunnah would be much appreciated.

Jazaakum Allah khair in advance.

:wasalamex
 
Normaly the Wali will be a male mahram relative, most commonly the girls father. The mahram males are:

24:31. And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss. S P C

Yusuf Ali's Quran Translation

In the case of a revert or a woman having no male Muslim relatives.


If the woman does not have a male mahram relative, the Imam closest to her locality, of the same faith as her, becomes her wali.

"If they dispute, then the sultan (man in authority) is the wali of those who have no wali." [Dawud 2078, Narrated 'Aisha , also related by Tirmidhi and others. Tirmidhi said, this is a hasan Hadith. Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.) Shaykh Al Albaanee declares it authentic in Saheeh Al Jaami' vol. 2, no. 7556. ]

"The believers, men and women, are awilyaa’a (allies and protectors) of one another." [The Noble Qur'an 9:71]

"...And never will Allâh grant to the disbelievers a way (to triumph) over the believers. [The Noble Qur'an 4:141]

"O you who believe! Take not for Auliyâ' (protectors or helpers or friends) disbelievers instead of believers. Do you wish to offer Allâh a manifest proof against yourselves?" [The Noble Qur'an 4:144]

"And those who disbelieve are allies to one another..." [The Noble Qur'an 8:73]

If the wali is non-mahram, such as is the case with many new reverts to Islam, she should avoid ever being alone with him.
Click to expand...

I do not know of any case where a woman selects the wali for herself. Most often he will be the Girl's father, or the oldest male mahram relative. If there is no Father or mahram male relative it will be the Imam or somebody appointed by the Imam.
 
: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
saws-2.gif
(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?ref=389&ln=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?
[http://www.islam-qa.com/index.php?ref=7193&ln=eng&txt=wali


​
 
faithful said:
I thought that past a certain age women don't not need a wali?
Click to expand...


Praise be to Allaah.​


Firstly: it is not permissible for a man to marry a woman without the permission of her walee (guardian), regardless of whether she is a virgin or previously-married. This is the view of the majority of scholars, including al-Shaafa’i, Maalik and Ahmad.

They take as evidence (daleel) the words of the Prophet
saws-2.gif
(peace and blessings of Allaah be upon him):

 “There should be no nikaah (marriage contract) except with a wali (guardian).”

​
(Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. It is saheeh, as stated in Irwaa’ al-Ghaleel,6/235, by al-Albaani, may Allaah have mercy on him).
​
http://www.islam-qa.com/index.php?ref=7193&ln=eng&txt=wali

​

 
I thought that a wali is not required for women under the Hanafi School of Muslim jurisprudence.

So, a Muslim woman can ask a Muslim man to marry her, but she still has to have her wali?
 
:salamext:


Just to be on the safe side, i think it's better that the sister does. :)
 

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