Waleed Basyouni – Can A Muslim Sister Get Married Without a Wali
AI: Summary ©
The speaker discusses the importance of marriage in Islam and how it is a decision made by the Prophet salallahu alayhi. They explain that the Prophet's perspective is meant to help women make a decision and provide them a full perspective of their partner. The discussion also touches on the idea of marriage being a decision made by a male or female partner, and how it is a decision made based on the user's own perspective.
AI: Summary ©
As-salamu alaykum, Shaykh.
This is actually, I think it's a very
important question.
Now this is a sister, she says she's
divorced and her father had a stroke.
He's incapable of being, of making a decision.
She has a brother who's mentally unstable, also
incapable of making a decision.
And she wants to get married, but she
is asking about the Wali situation.
What should she do in a situation like
this?
Bismillah, alhamdulillah, wa salatu wa rasoolillah.
First of all, I ask Allah subhanahu wa
ta'ala to make it easy for you,
give you strength to be able to take
care of your brother and your father.
And I ask Allah subhanahu wa ta'ala
to cure your father and your brother and
to make the outcome of these tests best
for both, for all of you.
Wali is one of the integral parts of
marriage contract, must be.
And Nabi salallahu alayhi as-salam said any
woman marry herself without a Wali, her marriage
is nullified or invalid, batil.
And this is something the vast majority of
the Muslim scholars agreed upon.
And with this being said, one of the
conditions of the Wali that is capable, sane,
and in your case, your father and your
brother in this scenario, and I would assume
looks like she doesn't have another brother, the
Wilayah can go to your grandfather or to
your uncle, one of your uncles.
And if you couldn't, if you don't have
any access to any one of them, you
can, Imam Ahmed rahimallah said, she can choose
a Adil Muslim, a trustworthy Muslim to represent
you in the marriage.
It could be also what the Prophet salallahu
alayhi as-salam, which is, we take that
over the side of anyone.
The Sultan, the person of authority, like the
judge or the rule, is the Wali of
those who don't have Wali.
But in our scenario here in the West,
we don't have a ruler or a judge,
but that will apply to an Imam of
the Masjid, a person of religious authority, a
respected scholar.
You can ask them to represent you in
the marriage and that person will be your
Wali if you don't have any other male
relative to represent you in the marriage.
But I'm glad that you asked this question
because Wali is someone who must be part
of the marriage, regardless if you are a
divorcee or a widow, old or young, or
you are a person who has never been
married before, it doesn't really matter.
Still, you need the Wali because the Prophet
salallahu alayhi as-salam did not differentiate between
women.
He said, any woman.
With this being said, I also would like
to say that the role of, one of
the reasons we have the Wali, the Wali
is meant to help, aid, and support the
woman who's getting married.
This is a decision that needs the view
of a male and female.
You know, we look at men from a
perspective different when a woman looks at men.
You have your own perspective and that Wali
will have his own perspective.
So you have both perspectives in front of
you, then in the end of the day,
you're the one who makes the decision to
marry or not.
The Wali cannot force you into that.
But Islam wants to provide you a full
360 type of view of and perspective of
this person and to help you to make
that good decision and also to be there
for you, to help you, nobody taking advantage
of you, and that's something I really appreciate
on the concept of marriage in Islam.