OVER THE YEARS, many of our sisters have inquired about the issue of al-wilayah (guardianship for marriage), specifically those who have no paternal Muslim male relatives. In these instances, they have either sought guardians from their local masajid or Islamic centers or have chosen awliya from family members or family friends. Some, however, did not choose a wakil for themselves. Instead, their intended husbands chose one for them (often one of his companions). This has ofttimes resulted in disorder and confusion, leaving sisters vulnerable to abuse and mistreatment. Then, when one of them seeks assistance from her “wakil,” he is either nowhere to be found or is unwilling to help. “I don’t want to get involved,” he says, more concerned about offending his companion than making sure his “ward” receives her rights. This brings her to the masjid for support. Yet, when asked “Who is your wali or wakil?” she is embarrassed to say, “My husband’s friend” or, even worse, “I am not sure. My husband appointed someone.” How self-serving. Both husband and “wakil” will be asked about this before their Lord.

All praise is for Allah; the Islamic Legislation has clarified the rules of wilaya (guardianship). A woman’s awliya come from her paternal Muslim male relatives. If she has no such relatives, the sultan (ruler) or an Islamic judge assumes the responsibility. In the absence of either an Islamic ruler or a judge, the wilayah is handed over to those in charge of the Islamic center in the woman’s locale. This is the ruling of several preeminent scholars of the Religion, based upon evidence found in the Divine Revelation.

The noble Shaykh ‘Abd al-Aziz b. Baz (رحمه الله) was asked about those who contract marriages without a wali, particularly those living in non-Muslim countries. After clarifying the invalidity of such marriages, he stated,

If a woman does not have a wali—no father, no brother, no paternal cousin—then the hakim (ruler) serves as the wali, based upon the Prophet’s (ﷺ) statement,

السُّلْطَانُ وَلِيُّ مَنْ لَا وَلِيَّ لَهُ

“The sultan is the wali of one who has none.”[1]

So, the ruler marries her off or appoints someone to marry her off.

If she lives in a land that does not have a [Muslim] ruler or a judge, as in the case of Muslim minorities in non-Muslim countries, then the director of the Islamic center marries her off, if there is an Islamic center present, because [the head of the Islamic center] functions as a leader for them. So, the person in charge of the Islamic center looks into her affair and marries her off, if she does not have a wali and there is no [Islamic] judge present.[2]

The Permanent Committee of the Kingdom of Saudi Arabia was asked a similar question and clarified that if a woman does not have a Muslim guardian, “the head of her local Islamic center is responsible for the marriage contract,” as he is considered a leader in his locale. They, too, base this upon the Prophet’s (ﷺ) statement, “The sultan is the wali of one who has none.”[3]

Further, on the 6^th of Safr, 1440 AH, our brother Ihsan b. Dawud, a student in the Islamic University of Madinah, asked the noble Shaykh ‘Abd al-Muhsin al-‘Abbad (حفظه الله) the following:

In our land, in America, women enter Islam and may not have a paternal [Muslim] male relative. Perhaps they have a brother on their mother’s side who is Muslim or a maternal uncle who may be a Muslim. Is he allowed to be her wali?

Shaykh ‘Abd al-Muhsin al-‘Abbad: No, absolutely not. He cannot be her wali.

Questioner: So, Shaykh, she must return to the Islamic center?

Shaykh ‘Abd al-Muhsin al-‘Abbad: Yes, she must return to the Islamic center.

Questioner: What about a woman who entered Islam and perhaps has a family friend or someone who is close to her who is Muslim, can she choose him to be her wali?

Shaykh ‘Abd al-Muhsin al-‘Abbad: No, absolutely not.

So, it is clear from the verdicts of Shaykh Ibn Baz, the Permanent Committee, and Shaykh ‘Abd al-Muhsin al-‘Abbad, in accordance with the Prophet’s (ﷺ) hadith, that the Muslim woman who does not have a wali from her family, the sultan or Islamic judge is her wali. If, however, she lives in a non-Muslim land that has no Islamic ruler or judge, the head of her local Islamic center assumes the responsibility.

In conclusion, we must fear Allah concerning al-wilayah (guardianship) and properly fulfil the conditions of marriage, as the Messenger of Allah (ﷺ) said,

إِنَّ أَحَقَّ اَلشُّرُوطِ أَنْ يُوَفَّى بِهِ , مَا اِسْتَحْلَلْتُمْ بِهِ اَلْفُرُوجَ

“The worthiest of conditions to be fulfilled are those that make the private parts lawful for you.”[4]

We ask Allah to grant us good understanding and right conduct. Indeed, He is Oft Forgiving, Hearer of Supplication.

[1] Collected by Ibn Majah in his Sunan (no. 1524). It is authenticated by al-Albani in Sahih Sunan Ibn Majah.
[2] See https://binbaz.org.sa/fatwas/11074/
[3] Fatawa al-Lajnah al-Da’imah (no. 5377)
[4] Collected by Bukhari (no. 2572) and Muslim (no. 1418).