- EN (English)
| Fatwa ID: | 76932 |
| Title: | The difference between wali and wakil, the status of a "stand-in wali" & other questions on marriage |
| Category: | Family and Personal Affairs |
| Scholar: | Dr. Main Khalid Al-Qudah |
| Date: | 11/24/2008 |
Bismillah,
Assalaamu alaikum wa rahmatullahi wa barakatu,
I just have a couple of questions in the same area of concern.
First question - Is there a difference of responsibility and role for a wali vs. a wakil in the subject of consultation for marriage? If so what is the difference?
Second question - I have seen and heard of women waiting until the day of the marriage to find a wali to be present during the nikah (wedding). The wali would have no prior exposure to know anything, neither about the marriage, nor about the brother, or about the sister he will be representing, until the day of the marriage. I have seen this happen more than once. Is this even a correct way of conducting a marriage? The term that was used to describe this method to me was called a "stand-in wali". Doesn't a wali do more than this, and are marriages like this even valid?
Third question - If a marriage was conducted without a wali, is it even valid?
Fourth question - A sister refused to accept an offer of dowry at the time of marriage. Would this marriage be valid?
Fifth question - A marriage occurred that was ruled to be invalid by the same imam who performed the wedding initially due the absence of a wali or a dowry. This ruling did not occur until the woman sought khula. It has been some time since this invalid marriage occurred. Recently, the brother informed the sister indirectly that he has repented for their ignorance and lack of understanding of Islam, and she has since repented as well. They are in need of clarification. Can the couple remarry correctly after a previous failed attempt, even if much time has elapsed since the first marriage was ruled to be invalid?
Brother, may Allah reward you for being an aid to help lead people out of the darkness and into the light.
1 -The wakeel is the deputy of the wali; the former does not have any authority without the authorization of the latter.
2 - A "stand-in wali" is a solution people sometimes resort to when there is no blood relative to be the woman's wali. This is done to comply with the obligation of having a wali. While this is most definitely not the ideal situation, it is a practical and available one.
3 - Conducting a marriage contract without a wali is not valid according to the vast majority of scholars and schools of jurisprudence; the only dissenting opinion in this regard is the
4 - However, we must differentiate between a marriage contract which is still in the planning and has not yet been conducted and one which has already been conducted. If a marriage has already been conducted without a wali, it should be overlooked, but that is not the case for a marriage which is still in the planning stages.
5 - If the bride waives her dowry of her own volition, that would be up to her and the marriage contract would be valid, since specifying a dowry while conducting the marriage is not one its main pillars.
