nikah without wali
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23/11/2007 7:47:00 PMHi im4n0v,
First and most importantly, to be fair to all people reading the post, the term 'wali' have to be defined.More general info on marriage such as polygamy, rights in marriage and rulings or FAQS can be found in the website such as below;
http://www.islamawareness.net/.../
Wali is generally a representative and witness to the bride during marriage sermonization. The rulings for a wali is a trusted and practising muslim from the bride's side. He's someone like an 'ambassador' to the bride; he must have a good profile, personality and decent status :) . If difficulty arised in getting a suitable 'ambassador', a religious figure or authority may step in as a wali. This is the general term and choice of a wali. Wali is not needed to a male groom, they need instead, 2 muslim male witness or, 2 women witness and male witness.
In Singapore, an appointed representative the muslim governing body (MUIS) is usually called to ceremonize the marriage, as a legal ruling in national and jurispundence ruling of the islamic law in Singapore. The representor is called 'wali hakim', which is also a judge, witness and also a representative. He can or usually becomes the wali of the bride in the marriage.
Hope my replies help. I'm not sure my information is accurate. Please correct me if I'm wrong on any part., and I sincerely apologize if any. Salaam (Bless you)
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23/11/2007 11:43:35 PMDear imanov,
mang_elan has just replied to a thread you have subscribed to entitled - Can someone explain this ruling - in the Marriage in Islam forum of LI Islamic Forum.
This thread is located at:
http://www.islamicboard.com/ma...
Here is the message that has just been posted:
***************
taken from:
http://albalagh.net/qa/nikah_h...
Nikah in Hanafi and Shafii Fiqhs
By Mufti Ebrahim Desai
Posted: 21 Rabi-u-Thani 1424, 21 June 2003
Q.) I'd like you to clarify the following points.
1. What are the conditions necessary for the validity of Nikah according to the Mazhab of Imam Abu Hanifa and Imam Shafii.
2. How should a Hanafi lmam perform the Nikah of Muslims who are following Imam Shafii?
3. How should a Shafii lmam perform the Nikah of Muslims who are following Imam Abu Hanifah?
4.How should a Hanafi Imam perform the Nikah of two Muslims when one of them is following Imam Shafii and the other one is a Hanafi?
A.) Nikah is performed with *a proposal (Iejaab)* by the male or female *and acceptance (Qubool) *by the male or female in the past tense and *in the presence of two male Muslim witnesses* (Hidaaya vol. 2).
It is* Sunnat *that the marriage be announced and performed in the Masjid and the bride be represented by her Mahram (Unmarriageable relative like father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses and the stipulated dowry. The witnesses must be two trustworthy and pious male Muslims who are not her ascendants e.g. father, grandfather or descendants e.g. son, grandson, etc.
The *Mahr (dowry) *is the woman's right and should be stipulated prior to the marriage.
The procedure of nikah is the same according to both Madhabs, i.e. Hanafis and Shaafi'ees.
And Allah Ta'ala Knows Best
Albalagh Home Q & A Nikah in Hanafi and Shafii Fiqhs
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25/11/2007 9:53:28 AMThanks for the explanation. Helps a lot in understanding the situation on nikah.
I have the book "The Reliance of the Traveller" by Nuh Hah Kim Keller. It's the classic manual of jurispundence of law for Shafi'e denomination, approved by Azhar university. I encourage for those english speaking muslims to buy the book. The book has many laws pertaining the laws based on the shafi'e's sect such as marriage, inheritace, divorce and rights etc..
To note: The book is so far unavailable for those living in Singapore. Tried to search for it but nooone. Had to buy from online internet :)
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26/11/2007 5:31:07 PMunfortunately you don't answer the question.
instead you just mentioned the book which is not available in s'pore.
anyway thanx
and waitimng forward to picking your brains concerning the wali in nikah in islam.
with best regards.
imanov
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2/12/2007 8:40:14 AMAnyway, I just found out you can get the book in Singapore at wardahbooks.com. They have online ordering so it should be ok. Cost $54.00. I will summarize and quote references of the answer from that book on this part of the guardian (wali) requirements.
In the classical Islamic sacred law in shafi'e,the bride MUST have a wali in order to get married based on pg 517 of the above mentioned book "Reliance of the Traveller:The Classic Manual of Islamic Sacred Law" (pg 517 of m3.0) on the subject of "Integrals of the Marriage Agreement". The guardian of the bride forms the third integral of a marriage agreement.(ref m3.1) in the law. Without the guardian(wali) from the bride, the requirements are not met and hence totally the marriage agreement is totally VOID.
The evidence to it was based on Ibn Majah relates that the Prophet pbuh says
" Let no women marry to another women or marry herself to another"
The chain of transmission from this hadith meets the standards of Bukhari and Muslim.
(ref to m3.4 pg 518).
If she is a muslim, she has to elect a guardian from her male side of her family, starting with her father, grandather, uncles from father's side, and down to her brothers respectively.(ref to m3.7 pg 520)
If she is non-muslim, the islamic magistrate will be her guardian to her witness. If there is no magistrate or islamic body in the country, she coult elect a respected and practising muslim among the muslim circles round the community (ref pg 519 m3.6)
A free muslim women have the full right to reject the groom in front of the guradian if found unsuitable or mistrust. The groom also hava the right to reject the guardian is found mistrust or untrustworthy (ref m3.9 pg 521)
It is to note that the guardians who is specially related to the bride (e.g. father or grandfather only) MAY marry her without her permission when she is a still a virgin . BUT the women HAVE the right to reject th choice if the suitor is unsuitable or untrustworthy as her marrriage companion before or during the marriage agreement. The guardian also have the right to reject the suitor if the suitor does not meet the acceptable requirements as her husband or marriage ( ref m3.15 pg 523)
Hope this helps. Sorry for the delay. Other commitments. :)
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13/05/2008 7:51:19 PMhey there.
check ROMM's website for more info. but all i know is in my situation where i'm
1. a convert (soon to be) with no other converts in the family
2. under the 16-20 age group,
i need my parents to be present at the nikah however i would be able to have the kadi assume the position of the wali. =)
it is to my understanding that the wali must be present at the nikah, but there are exceptions such as the part i mentioned about converts and if the birth father/brother [of course abiding by their eligibility factors of a wali] is unable to be present due to circumstances unforeseen [which then require documents to be signed in the prescence of a lawyer].
hope that helps.
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bismi-lLah
wa-s salamu 'alaikum wa rahmatu-lLahi wabarakatuH
i would like to know whether nikah according to islamic syari'ah without wali valid or void.
thanx
wa-s salamu 'alaikum
500 pts
rookie
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