Fatwa ID: 04438
Answered by: Maulana Moinul Abu Hamza
السلام علیکم ورحمة الله وبركاته
There's a new Muslim woman who's getting married, her family has not accepted Islam. For her nikah she's sending a Muslim man to represent her as her wali for the عقد النكاح, is this the correct method and will the nikah be valid? Or does she have to go to the masjid herself?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Although a Wali is not compulsory in the Hanafi School, it is highly recommended she has one. It cannot be any non-Muslim male representative of her family. She should choose someone who is considered to be trustworthy and responsible in the community like an imam or a scholar from the Sharia council.
However, in the situation where the bride’s guardian is unwilling to give her away during the nikah, then according to Imam Abu Hanifah, the nikah of a woman without her wali is valid. I would like to stress that this would be a last resort and only one to take when all other means have been exhausted.
And Allah (SWT) knows best.
[Ref: Al-Hidaayah, Kitaab an-Nikah, Baab fi al-wilaayah wal kafaa’ah, page 191]
Allah (swt) knows best
Answered By Maulana Moinul Abu Hamza
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham