Islamic marriage advice and family advice

I want to marry a woman who is orphaned, and has no wali. Is this permissible?

father gives daughter away wedding

Salaam,

I am looking to get married, but the woman I wish to propose to has been orphaned, and has no siblings and no grandparents. Her parents' siblings did not approve of their marriage; they are not very likely to give permission to her for marriage. Also, her uncles do not live nearby.

What can be done in this situation, and who else can I seek help from?

-Brotherin need


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4 Responses »

  1. a marriage is not valid if their is no wali fullstop!

  2. Asalaam alikum,

    I would make the effort to have one of her uncles present, even if it means having to pay for their travel expenses, if feasible and if they are reasonable men. However, the wali/guardian can also be an alim or another Muslim who is looking after her specific interests. The important things is that the wali is independent of your side and is truly concerned with ensuring that the potential bride's rights are being looked after. Keep in mind that the wali is a person who she may consult with from time to time on this proposal, so it should be someone trustworthy, sane and mature.

  3. Assalam oalyum warahmatullahi wabarakatuhu,

    First and foremost "white laptop "is completely wrong!! Please do not give any opinions without knowledge.

    You can for sure marry her if she is an orphan (even if the father is dead the child becomes orphan) .If she has any of her male relatives they can be a wali even if that lacks the local imam can be a wali.

    This is also the same case when there is boy who is of piety and charecter and the girls parents refuse to marry her not because of Islamic ground but culture bla bla etc.. Then her uncle or even if they refuse last but not least local masjid can be a wali.

    Because whats important for the marriage is deen ! If the wali forces her or him to marry . That marriage is nullified. because the CONSENT OF THE GIRL OR BOY MATTERS.

  4. Salamu'alaikum,

    First, if there is a Muslim relative that she has, he ca become her Wali. Otherwise, I have the following quotation from the fatwaa of Shaikh Saalih al Munajjid, taken from islamqa.com:

    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.

    I hope it helps. May Allah make your marriage strong and may you two practice deen in the most appropriate manner
    Aameen
    Wassalamu'alaikum
    Muhammad Waseem

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