Marriage cancelled on wedding day after father changed his mind
Assalamu Alaikum,
My father on numerous ocassions gave me his permission to marry. We set up the wedding date for July 2, 2011. On the day of my wedding my father told me that he no longer gave me permission to get married. He no longer wants me to marry the brother. And my brothers do not want to step in and take the role of my wali. Is what my father did illegal and give me the ability to replace him as my wali? Since none of my brothers dont want to be my wali, what can I do? How can I get married and what steps should I now take? Jazakallah Khairun
-malaikaw
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The messenger of Allah said that there is no marriage without a wali the is no marriage without a wali there is no marriage with the wali , u need a wali who is your dad but if he fails in his duty ie prevents you from marring someone for an unislamic reason eg race you can get a newwali like your brothers , if not the responsibility falls on the imam ,then the ruler of the islamic Islamic state . If things are as you say they are and your father has no reason preventing your marriage he has oppressed you so u may replace him with someone else eg the imam , ps any male member of your fathers family eg uncle , grandfather any one u can't get married to is also maharam to u "........ And Allah knows best.
Adheim
As salamu alaykum,
I would like to add the following to what Adheim has said. I copy it from:
http://www.islam-qa.com/en/ref/99696/wali
"If there is no father, then the grandfather is the wali. If there is no grandfather then her brothers are her walis, and it is does not matter if they are younger than her, but it is essential that the wali be an adult. If one of her brothers is an adult then he is her wali, even if he is younger than her.
It says in Fataawa al-Lajnah al-Daa’imah (18/147):
No one can act as a wali for a woman’s marriage contract except one who is an adult of sound mind. If there is no such person then the qaadi (judge) is the wali, because the ruler is the wali of the one who has no wali, and the qaadi is his deputy in such matters. Adulthood is achieved when a person emits maniy with desire, whether as the result of a wet dream or otherwise, or when hair grows around the private part, or when one reaches the age of fifteen. The one who is of sound mind is the one who handles matters well, by seeking a compatible suitor who is appropriate for the female under his care. End quote.
If all her brothers are minors, and none of them is an adult, then the role of wali passes to those who come next, namely the paternal uncles. If there are no paternal uncles then it passes to the sons of the paternal uncles (cousins).
If none of these walis are present, then the shar’i judge should act as wali for her marriage, because the Prophet (peace and blessings of Allaah be upon him) said: “If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh Abi Dawood.
Based on that, if you want to marry this woman and she does not have any wali, then you must refer to the shar’i qaadi in the court so that he may act as the wali for her marriage."
María
IslamicAnswers.com Editor