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Does a bride’s wali have to be Muslim?

Does a bride's wali have to be Muslim?
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July 25, 2024
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The essential components of a nikkah

In order for a nikkah (the Islamic marriage contract) to be valid, certain elements are required:

Consent of both parties

Mutual Agreement: Both the bride and groom must agree to the marriage willingly and without any coercion. Their consent is crucial for the validity of the nikkah.

Ijab and Qubul: This refers to the offer (ijab) of marriage and the acceptance (qubul) in the presence of witnesses. This verbal consent must be clear and unequivocal.

Wali of the bride (Guardian)

Bride’s Representative: For a first time bride, she has to have a wali (guardian) who looks after her interests. The wali is usually a male relative like her father, brother, or uncle. If no male relative is available, a respected member of the Muslim community can act as the wali.

The Prophet (peace be upon him):

‘There is no marriage without a wali.’ (Abu Dawood, Tirmidhi, Ibn Majah)

The wali must be a Muslim.

If the wali dos not agree to a couple’s wish to get married, they should exhaust all efforts to persuade him. If he is still not convinced, it could be that he has a valid reason for refusing and they are better off not marrying each other. It is foolishness on the part of the couple to marry against the wishes of the wali as the bride is left without protection. However there are occasions where the wali stubbornly refuses consent for a perfectly reasonable match because he has unreasonable and unnecessary requirements for the groom’s eligibility. It could well be that someone not from the same race, nationality, religious sect etc will make a much better husband than someone who ticks those boxes but lacks the character or personality that would make a fulfilling marriage.

Mahr (Dower)

Gift to the Bride: The mahr is a mandatory gift from the groom to the bride, which can be in the form of money, property, or any other item agreed upon by both parties.

Obligation: It is a right of the bride and must be stipulated clearly during the nikkah, although the amount does not need to be disclosed to the attendees. It can be paid immediately (mu’ajjal) or deferred (mu’akhkhar).

The amount of the mahr should not be excessive

At the same time the mahr is a gift to show that the husband can support his new wife. It is not meant to be burdensome.

It is a right of the bride, which is part of her and must be stipulated clearly during the nikkah.

And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease. (4:4)

The purpose is to show to demonstrate that the husband’s ability to take financial responsibility for his bride.

Mahr can take the form of money, property, or other items. It can be paid immediately (mu’ajjal) or deferred (mu’akhkhar).

Agreeing the mahr

The amount of the mahr is agreed by the bride and groom before the nikkah but does not need to be disclosed to the attendees at the nikkah.

If the payment of the mahr is deferred and the husband dies without paying mahr, it becomes a debt on his estate, and the wife has a right to claim it before the estate is distributed.

The mahr is not meant to be burdensome. The Prophet Muhammad (peace be upon him) said,

The best of dowries is the one that is easiest. (Ibn Majah)

The best of marriage is that which is made easiest. (Ibn Hibbaan)

This emphasises that the mahr should be reasonable and not cause financial hardship.

Excessively high mahr can create a barrier to marriage, which contradicts the spirit of Islam that promotes marriage as a simple, accessible institution. Demanding a high mahr could mean that women do not get married.

The mahr is a debt until it is paid. If the husband dies before it has been paid, it must be deducted from his estate before the estate is distributed.

There is no minumum or maximum but the average in the UK is about £1,000-5,000 if paid straightaway, or £10,000 if deferred. Some people have made a cat the mahr, but I would not recommend this practice. By contrast, giving an Umrah or Hajj as mahr would be a very rewarding gift.

Witnesses

Two Male Witnesses: The presence of at least two adult male witnesses is required for the nikkah to be valid. These witnesses should be trustworthy Muslims.

Does the wali have to be Muslim?

In scenarios where the bride does not have a male Muslim relative to represent her, for instance, if she has converted to Islam and her male relatives are not Muslim, or she is an orphan, the role of the wali can be fulfilled by a respected Muslim in the community.

Shaykh Haytham Tamim

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Shaykh Haytham Tamim is the founder and main teacher of the Utrujj Foundation. He has provided a leading vision for Islamic learning in the UK, which has influenced the way Islamic knowledge is disseminated. He has orchestrated the design and delivery of over 200 unique courses since Utrujj started in 2001. His extensive expertise spans over 30 years across the main Islamic jurisprudence schools of thought. He has studied with some of the foremost scholars in their expertise; he holds some of the highest Ijazahs (certificates) in Quran, Hadith (the Prophetic traditions) and Fiqh (Islamic rulings). His own gift for teaching was evident when he gave his first sermon to a large audience at the age of 17 and went on to serve as a senior lecturer of Islamic transactions and comparative jurisprudence at the Islamic University of Beirut (Shariah College). He has continued to teach; travelling around the UK, Europe and wider afield, and won the 2015 BISCA award (British Imams & Scholars Contributions & Achievements Awards) for Outstanding Contribution to Education and Teaching.

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