Assalamu alaikum wa rahmatullahi wa barakatuh

Dear Brothers and Sisters

I have a question regarding marriage which I hope you can answer.

My Sister is now of marriage age and my family are now searching for a good husband for her and as she is obviously a female she requires the permission of her Wali to get married. Our father is obviously her wali however he has never looked after us, or given us any financial assistance; it has always been my Mum who did everything for us. My father didn’t fulfil any of his responsibilities as a father we all grew up without his support. He is also very abusive and he has committed many grave sins which I don’t wish to disclose. Anyway my sister doesn’t want our father to remain as her wali and she wants me (her brother) to act as her wali. So she wishes to change her wali, could you tell me how she should go about doing this, what is the procedure for this?

Wasalam,

Hasan

asked 84 hasan's gravatar image
edited May 29 '13 at 09:05

@hasan no, the Judge will appoint the Wali accordingly. Lastly, no it is not her right to appoint a Wali she likes, and if she doesn't appoint another, rather it is for the Judge to appoint a Wali for her who can fulfill the responsibility of being a Wali, for that is in her best interest. So in the end the matter should be taken to the Qadi then.

(May 29 '13 at 11:07) Al Ummat ♦ Al%20Ummat's gravatar image
-1

The women in of her self cannot change her Wali, rather if her current Wali (which automatically is the father, if Muslim) does not allow her to get married for a Shar'i reason, then she cannot get married, but if he does not allow her to get married for no Shar'i reason (because maybe he is too tall, or too fat, or he is black, or he is too white) then it is the right of the women to take the matter to the Qadi/Islamic judge, and not into her own hands. And the judge can appoint either her grandfather, Uncle, or biggest brother.

For further information see this

link
answered 31877 Al%20Ummat's gravatar image
edited May 29 '13 at 11:20
-1

How can a man who has never done anything for his children be given the right of being the wali? I understand that the father is the wali but in this case my father never provided us with anything a father's responsibility to provide for this wife and children but he didn't give us any of his earning instead he gave his money to his siblings to spend and enjoy. a fathers responsibility is to provide his children with love and support, we didn't receive any of this and a father is also supposed to protect his children from harm, he is the lion, the patriarch of the family. but our father didn't do anything for us the money the land, everything that he earned, he gave this away to other people. he also hasn't seen and spoken to us in over 5 years. So tell me how can this kind of man be given the privileged of being wali? my sister simply wants me to be her wali, and it is fully within her right. also I don't understand what you mean by the Islamic judge will appoint the next wali if the father is removed from the wali. after the father the next person who can be wali is the paternal grandfather and then it it the brother and then uncle so if the paternal grandfather is alive then he is automatically pronounced wali.

link
answered 84 hasan's gravatar image

No the judge will not, whoever is next in line to get the wali position will receive it, if paternal grandfather is alive then he will get it if not then the brother if he is not alive then the paternal uncle will get it. I will advise my sister to take her matter to the judge and inshallah the correct person will receive the wali position. My father will not be given this right of being wali, for he has no right as you only receive rights where you have fulfilled your responsibilities. No qadi will force my sister to keep this person as wali.

When parents are unable to perform the duty of parenthood or deliberately avoid to perfome this duty or insist on not to perform it or abuse this duty then the authority of parenthood is taken from them. (Qasani, Badayiu's Sanayi Fi Tartibi as Sharayi Bayrut-1974, 5/152).

(May 29 '13 at 11:15) hasan hasan's gravatar image
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Asked: May 29 '13 at 09:04

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Last updated: May 29 '13 at 11:25


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