wali

Invalid nikaah

Q: I'm from India. 11 years ago my sister loved a Muslim boy who was 2 years younger to her and was a student. When this was disclosed in front of my parents, they asked her to stop all this in every possible way, that is by explaining her the difficulties she will face by marrying that boy, by telling her that if this matter will come out they will loose their respect in the society, by scolding her, by keeping an eye on her, even by beating her. But she and that boy didn't understand as they loved each other madly. Then my sister ran away with that boy and they conducted nikah in front of qazi, a non Muslim boy and a Muslim boy for whom we have doubt that he was of less than 18 years of age (Allah knows the best). No wali was present. Then my parents begged her to come back and they will marry her off with that boy in front of the society. When she and that boy came back, the boy's family said that they will not marry their son to my sister. Our father took us to Saudi Arabia, there he threatened my sister to forget that boy and live peacefully as someone told him that, that nikah was not valid as it was conducted without wali and the witnesses were not fulfilling the Islamic standard. Now everyone thought that, that nikah was invalid including my sister, so we didn't ask for talaq from that boy. After 2 years my sister got married to a nice man with her consent. She is having two kids with that marriage. That man don't know about my sister's past. It's been 9 years now. They are happily married.

Now we are in a big confusion that the previous nikah was valid or not? Is the present nikah and kids valid for her? Is a nikah conducted without wali considered as valid? We did not ask any mufti earlier as we thought that a nikah without wali is invalid. If this is not so then this another marriage has been conducted due to lack of proper knowledge. What is the ruling regarding this matter. Please help us.

Uncle representing the girl

Q: I would like to know is it possible for a girl to take her uncle or any other guy relative as her wali while her father is alive? People in my place where I live tell their daughters when the mufti ask you who is your wali then tell him your uncle, etc. So during nikah the girl takes someone else as her wali instead of her father. And that also when the father is alive living with the girl and happy with the marriege? Is this kind of nikah valid? In Islam is this permissible or is it just a cultural thing? I am really confused. I heard in proper Islamic nikah, the wali must be the girl's father unless he is dead.

Nikaah in the presence of two witnesses

Q: I am a divorced/single parent of one child. I have met someone in a halaal way and told that person I wanted to get married as soon as possible as I didn't want to commit zina. A few days ago we went to I think it was the Hanafi masjid and did our nikaah. The problem is I didn't as my wali which is my dad to stand up as my wali because I knew that he would want me to do nikkah in the way I wanted. So the Imman in the masjid stood as a wali for me. Now the problem is my husband looked into and phoned around to ask about this. Most of the place is saying it's invalid. Which is a big problem. So I've told my dad that I met someone and want to do nikkah but his telling me to think about it before I do it so told again I want to do nikaah as soon as possible but his telling me now he needs to think and tell me. I asked him why the need to make me wait he told me that I need to listen to him. My parents are divorced also on my mum side they do not practise Islam so I am waiting for my father now to tell me if he will be my wali or not. I really need some advice on this Insha Allah as now I'm missing the person I thought I was married to and also I live in a non Islamic house with my son. The person I want to be with is a practising Muslim and so am I. We pray five times Alhumdulilah and try our best when it comes to our Deen.

Wali for a revert Muslim

Q: I got a question about marriage. I have recently met a girl that has reverted to Islam, and me and her we want to get married, I am a muslim, my parents approve, but her parents are non-muslim and do not approve her getting married. So I was wondering who will be her Wali, as nobody in her family or house hold are Muslims. How do we do it with witnesses when we are doing nikah and she is 18 so its legal.

Woman consulting her elders in regard to nikaah

Q: I have a divorcee woman with 3 teenage kids that wants to marry me. She is very adamant. I do not see her as suitable life partner but I worry that I might sin with her or someone else as I am not yet married. I have been told she does not need a wali, but can we conduct the nikaah ourselves as we are both reasonably old. What is the simplest way we can do nikaah just for ourselves.