Question:
A brother wants to marry a Spanish Muslim, and her entire family are disbelievers.
Who will be her Wali (guardian) at the time of marriage?
Answer:
If she doesn’t have a Muslim Wali; then the ruler or one who takes his place like a legislative judge would take their place, or those that are put incharge of the affairs by the ruler.
Bukhari has chaptered a chapter in his Sahih entitled:
(The chapter of the Sultan (the ruler) is the Wali: due to the statement of the Prophet ﷺ:
(زوجناكها بما معك من القرآن)
“I have married her to you for that which you have memorised from the Quran”
And if this is not possible, then a righteous man from amongst the Muslims is to give her away in marriage, as her Wali in the marriage, due to the statement of Allah, the Most High:
(والمؤمنون والمؤمنات بعضهم أولياء بعض)
“The believers, men and women, are Auliya’ (helpers, supporters, friends, protectors) of one another.”
[At-Tawbah:71]
Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.
Source:
t.me/abouhatem/210
Answered on:
7th, Rabee’ Al-Aakhir, 1438H.
Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani