Who Has the Right of Being a Wali for a Girl Whose Father Has Passed Away

Fatwa ID: 04412

Answered by: Shaykh Umer Khan

 

Question

 

After the father passed away the most right of being Wali is the grandfather, is that right?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

With regards to a walī for nikāḥ, if a woman has been married before and has a son, then he is given priority with regards to being a walī. After this, priority is given to the father, then the paternal grandfather, then the full brother, then the half-brother (paternal), then the full brother's son, then the half-brother's son, then then the paternal uncle, then the paternal uncle's son, and so on[1].

 

So yes, if the woman does not have a son, and the father has passed away, then the grandfather has the most right to be the walī. However, it is permissible to skip levels, so for example, her full brother can serve as a walī instead of the grandfather[2].

 

It should also be noted that in the Ḥanafī madhhab, an adult female has the independent right to marry herself to a person who is compatible in terms of family status, without seeking the consent of a walī. However, it is preferred to get approval from her walī.

 

 

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Al-Hidāyah, 1/193; Al-Mabsūṭ li Al-Sarakhsī, 4/219

 

[2] Al-Hidāyah, 1/192

 

 

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