Is it essential that a woman have a "wali" in her marriage?

Question

can she choose to get married without a walei?

for those who don't now the meaning of the word , a walei is someone who represents the woman in the marriage contract or precess , it's usually her father if he's available then if not , it's her grandfather ,and so on

the thing is , wouldn't it be unfair that she has to have a walei? i mean some parents are just mean , or think about money , not all parents are good , what should a girl do if she wants to marry someone who her walei don't approve ? and what are the exceptions of that walei thing?

Answer 1

No.

Answer 2

You are right.

Not all parents in this world care enough

Answer 3

My dear friend salam for you .Yes the role of wali is very important in a woman's marriage. Without a wali the marria

ge in Indonesia is not valid.The first rank wali is her bride's father.If her father has died ,he should be replaced by her brother,her uncle, or her grandfather If there are none of them,the wali should be an officer of religion affairs.He is called as wali hakim. (justice wali) The wali should give permission or approval for marriage If the bride is still a virgin by keeping silent  or noded ,it means the bride accept the proposalof a bride groom. for maaried.But the widow has a right to accept or to reject the proposal by herself.The money or anyything as mahr (wedding gift)  should be received by the bride and do not by the wali or bride's parents

If they get divorce by the mistake made by the wife such as she made a fornication,the mahr should be given back by the wife to her husband except he did not claim it.If the father of a bride did not give a permission for marriage,if she was matured (21 years old or more) she could select a wali hakim

by explaining its cause .If all of her formal walis were died or she did not find his address,she could ask for the assistance of wali hakim too.Islam is not a religion which hamper the marriage.Mahr should be a cheap  and simple one Muhammad pbuh said that it could be only an iron ring if the bride groom could not afford it..Marriage in Islam is just following the sunnah of our prophet Muhammad pbuh Marriage is sacred  ceremony in the name of Allah and last obligation of a parents is by marrying their children.

Answer 4

the answer is very simple. u cant find any thing in Quran about wali so this mean its unvalid thing. and u can marry without wali if u r adult.

Answer 5

I know you said no non-Muslims, so pardon me for butting in. Read this article please:

http://www.islamonline.net/servlet/Satel...

The way I understand it, the scholars dispute among themselves whether a guardian is obligatory for a girl under age only or all girls in general. I guess it depends on what school of thought you follow.

In the case you presented, it seems to me that the parents are working against the girl, which in itself would be a sin according to Islam, right? Look at it this way. In Islam Muslims are ordered to obey parents, but if parents are wrongful and entice bad behaviour from their kids then they are ordered to respect their parents, but to obey Allah only. I know that many parents use their girls to gain large dowry (it happens all over the world, we cannot deny that). In that case I would say that she has every right to decide for herself.

Anyway, wish you all the best :)

Answer 6

According to Imma Abu Hanifa a mature sane woman can marry a man with whom she has kafaah (compatibility) without permission of her wali. However it is ALWAYS best to get your parents permission.

Answer 7

Yes, as per related to the Hadiths.

      "No marriage is valid without a wali." [related by Ahmed and others and deemed sound by Ahmed, Ibn Hajar and others]

The Prophet SAAWS said: "There is no marriage without the permission of a guardian." [Sunan of Abu Dawood 2080, Narrated Abu Musa]

  "When a woman marries without the permission of her wali, then her marriage is not valid, not valid, not valid." [Related by Ahmad, Tirmidhi and others. Tirmidhi said, this is a hasan Hadith]

If the woman does not have a male mahram relative, the Imam closest to her locality, of the same faith as her, becomes her wali.

"If they dispute, then the sultan (man in authority) is the wali of those who have no wali." [Dawud 2078, Narrated 'Aisha , also related by Tirmidhi and others. Tirmidhi said, this is a hasan Hadith. Ibn Majah and Imam Ahmad, Hadith number 1880; also in Salih al-Jaami', hadeeth number 7556.) Shaykh Al Albaanee declares it authentic in Saheeh Al Jaami' vol. 2, no. 7556. ]

Edit:

There is no concept of forced marriages in Islam. No parents can force their daughters to marry any man without her permission/will.

2:232 And when you divorce women, and they have come to the end of their waiting-term, hinder them not from marrying other men if they have agreed with each other in a fair manner.

Answer 8

I disagree with the user above (Asif). Once a woman is no longer in the hands of her husband, she returns to her father. She cannot live on her own, neither marry anyone she wants without her father's consent.

A woman must have a wali since that person is responsible for finding out more and getting to know the man she is interested in. A woman can choose who she wants to marry, and as long as there are no relevant reasons to why she shouldn't marry him, her father should agree. If he disagrees because of money, race, class, she should talk to the Imam of the community and the problem should be resolved.

It may not seem fair to some, but it is in accordance to the laws of Islam that one be respectful and obedient to his/her parents. So, if the father still continues to be unfair, it won't be wrong for her to seek help from the imam. However, her listening to her father and marrying the one of his choice will bring blessings to her for her patience and obedience not only to her father, but to Allah (swt).

The reason a woman must have a Wali is because as a woman, she can not just go and meet guys and choose who she likes. The man is the factor that affects her children's future. The same law applies to a man, he can't just go around meeting women and deciding who is best for him. he must also have the consent of his parents. If she is interested, she would have to have her wali discuss the marriage with the person and his parents and make progress from there. As for a man, we know he can marry a woman from the "people of the book", i.e. Christian, Jewish, Muslim. Why can't a Muslim woman have the same right? There are laws Allah (swt) made for us all, we may not understand some, but we have to remember it is all for our own good.

First of all, the dowry does not go to the father in Islamic laws. The Mahr (dowry) is given to the girl, and the father doesn't receive anything from it. The business becomes that of the Imam if the father does not follow the Islamic law. If he is just a plain old money digger, she may appoint the Imam as her wali. What difference would it make if she went on her own looking for a husband? It would be invalid since she does it without the consent of the wali. So, her father no longer becomes the wali, the position can go to her brother, uncle, imam, etc. So long as the father is being a greedy inconsiderate person, he isn't fit to be wali. the important thing is the she has a wali and does not get married without his consent. Hope that answers your question =]

EDIT:

To Asker:

I'm sure you know that a woman has to have a Wali according to many Hadiths. Your question is what if her wali is not looking for her best interest, but for his own gain. The answer would be that every person must obey their parents so long as they do not contradict the rules of Islam. So if the father is choosing her spouse for the sale of money and against her will, she can disagree. If he persists doing that and hinders her from marrying whom ever she wills (so long as he is a good Muslim), then she doesn't have to obey him. The position of the wali goes immediately to the closest family member after him (brother, uncle, grandfather). The imam can only be a wali if she has no direct male relatives that can assist in her marriage, this also applies to women converts who don't have Muslim relatives who can take the position of the wali.

Answer 9

since many have given the proofs i'll simply say that it is essential for a woman to have a wali as who will look out for her best interests if not her father or other male relatives. if they are untrustworthy then according to islaamic law this falls on the imam of the masjid she attends or if she has a close friend whose husband or someone knowledgable if they will be her wali. it is permissible if she has no one in her family who can do this such as a revert who has no male muslims in her family.

also the reason we as muslimahs cannot marry non muslims is b/c the woman is on the deen of her husband,now if he is anything other than muslim he will mostly likely steer her away from islaam and her children will also not be muslim b/c they will take the religion of their father. maybe you should study more so you can understand islaam a little better for yourself. as a muslim one of the articles of faith is to accept the Quran and Sunnah in it's entirety and not just what you want. islaam is an intellectual religion so this is why we must study constantly so we fully understand and have no doubts.

Answer 10

as a non Muslim I think it is a great idea as it represents your family structure as my friend Wassim and his wife Fatima had her brother as her grandfather and father pass away but if your walei disagrees even tho it is necessary as you are the one that needs to be happy not them and the expectation of a Walei is to unite and welcome everyone into your family

Answer 11

In Hunfia school of thought you don't need Wali.Further if the girl is not virgin(e:g widow or divorced) she does not need any wali.In other school of thoughts like Hamblies if there is no wali for a girl the Leader of the country will be her wali.

Answer 12

yes, it is.