Question
Allah Gave me strength and guidance to convince a non-Muslim girl to embrace Islam, and I want to marry her. Her family has no Muslims at all. When I get to marrying her, do I need a Wali or can she marry herself to me? And if I do need a Wali, can my father be her Wali after asking her?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
According to the view of the majority of the scholar 
the consent of the woman's guardian and the presence of two witnesses are conditions for the validity of the marriage contract because Abu Moosa Al-Ash’ari 
narrated that the Prophet said: “There is no marriage (i.e. no marriage is valid) except with a Wali (a guardian) and two witnesses of good character.” [Ibn Hibbaan]
Furthermore, it is a condition that the guardian of the Muslim woman be a Muslim, mature, and of sound mind. Allah Says (what means): {The believing men and believing women are allies of one another.} [Quran 9:71].
Moreover, Ibn-Qudaamah 
reported from Ibn Al-Munthir that there is a consensus among the scholars that it is a condition that the guardian of the Muslim woman be Muslim.
Therefore, all the non-Muslim relatives of this woman cannot be her guardian, in which case the guardianship is transferred to the Muslim ruler or his deputy because the Prophet said: "The ruler is the guardian of the one who has no guardian." Therefore, if there is no ruler or ruler’s deputy, then a trustworthy and righteous Muslim man may be her guardian, look into her interests and conduct her marriage contract, and it is permissible for your father to be her guardian.
However, it is not permissible for a woman to marry herself off; if she does so, her marriage is void. The Prophet said: "A woman cannot be a guardian in marrying off another woman, and she cannot marry herself off." [Ibn Maajah]
Finally, our advice is that this woman should publicly declare that she has embraced Islam in order to preserve her rights and protect herself from her (non-Muslim) family.
Allah Knows best. -islamweb.net
is His slave and Messenger. the consent of the woman's guardian and the presence of two witnesses are conditions for the validity of the marriage contract because Abu Moosa Al-Ash’ari narrated that the Prophet said: “There is no marriage (i.e. no marriage is valid) except with a Wali (a guardian) and two witnesses of good character.” [Ibn Hibbaan] reported from Ibn Al-Munthir that there is a consensus among the scholars that it is a condition that the guardian of the Muslim woman be Muslim. said: "The ruler is the guardian of the one who has no guardian." Therefore, if there is no ruler or ruler’s deputy, then a trustworthy and righteous Muslim man may be her guardian, look into her interests and conduct her marriage contract, and it is permissible for your father to be her guardian. said: "A woman cannot be a guardian in marrying off another woman, and she cannot marry herself off." [Ibn Maajah]
No comments:
Post a Comment