hayat_yahya
Junior Member
The person who has the power or choice of getting a boy or girl married is called a wali.
1. The first wail of a boy or girl is their father. If the father is not present, the grant-father becomes their wali and if he is not present, then the great grant-father. If none of them are present, the blood brother becomes their wali. If he is not present, then the step-brother, i.e. brother from one father. Then, the nephew, thereafter the nephew's son; and thereafter, the nephew's grant-son. If none of them are present, the blood uncle becomes their wali. If he is not present, then the step-uncle, i.e. the step-brother of their father. Then, the son of the blood uncle and then his grand-son. Then, the son of the step-uncle and then his grand-son. If none of them are present, the father's uncle becomes their wali; and then his children. If the father's uncle, his children and grand-children are not present; then the grand-father's uncle becomes their wali. Then, his children, grand-children, and great grand-children. If non of them are present, the mother will be their wali. Then, the paternal grand mother, then the maternal grand mother, and then the maternal grand father. Then, the blood-sister and then the step-sister, i.e. sisters from one father. Then, the step brother and then the step sister who is from one mother. Then, the paternal aunt, then the maternal uncle and then the maternal aunt.
2. An immature person cannot become a wali of any one. A disbeliver cannot be a wali for a Muslim, nor can a lunatic be a wali for any one.
3. A mature has the choice to marry or not to marry. She can marry whomsoever she wishes-no one can force her to marry a particular man. If she marries a man on her own, the nikah will be valid wheather the wali is informed or not, and wheather the wali gives his consent or not. In all cases the nikah will be valid. However, if she does not marry a man who is of the same social standing as her, and instead, marries a man who is of a lower standing than her family, and her wali is not happy about this marriage, then the fatwa in some cases is that the nikah will not be valid. If she marries a man who is in the same social standing as her, but the mahr that she recieves is less than what is normally fixed in her paternal grand-father's family, then althought the nikah will be valid, the wali will at times have the right to annul this marriage. The mahr that is normally fixed in her paternal grand-father's family is know as mahrul-mithl. The wali can go to a Muslim court and have such a marriage annulled. However, it should be borne in mind that this right of annulment is only possessed by all those walis whom we had mentioned before the mother. In other words, from the father onward till the children of the grand father's uncle.
4. A wali performed the nikah of a mature girl without asking her or without seeking her consent. The validity of such a nikah will be dependent on her permission and consent. If she grants her permission, the nikah will be valid. If she does not grant her permission or is not happy, the nikah will not be valid. The method of granting permission is mentioned in the next ruling.
5. The wali came and informed a young virgin girl that he intends performing her nikah with a certain man, or that he has already performed her nikah with a certain man. Upon hearing this she remained silent, began smiling or began to cry. All these responses of her will be considered to be a permission and a consent. Now, if the wali performs her nikah, it will be valid. If he has already performed it, it will also be valid. It is not a prerequisite for her to give a verbal permission. Those who force a girl in giving a verbal permission are in error.
6. At the time of seeking her permission, the wali did not mention the name of her future husband, nor did she have any prior knowledge of him. In such a case, her silence will not be considered to be a form of consent, nor will it be considered to be a form of granting permission. It is necessary to mention the boy's name or some other form of identification whereby the girl can know to whom that the wali is the refers. Similarly, if the wali performed the nikah without mentioning the amount of mahr to her and it was far less than the mahrul mithl, the nikah will not be valid without her permission. He will have to seek her permission again.
7. The girl is not a virgin, and instead had married previously and this is her second marriage. When the wali asks her or seeks her permission for this second marriage, her mere silence will not be considered to be a form of granting permission. Instead, she will have to give a verbal reply. If hse does not give a verbal reply and remains silent, and despite this the wali performs her nikah, then her nikah will be in abeyance. Later, if she gives a verbal assent, the nikah will be valid. If not, it will not be valid.
8. Despite the father being present, the uncle, brother or any other wali sought the permission of a virgin girl. If she remains silent, it will not be considered to be a form of granting permission. Only when she gives a verbal permission will it be considered. However, if the father sent these persons to seek her permission, her silence will be considered to be a form of consent. In short, the wali who is given the first preference in Shari'ah and who has the most right to seek permission from the girl -when he asks her or when someone who has been sent by him asks her, then only will her silence be considered to be a form of consent. If the grand-father had the right of asking her, and instead the brother asked her; or if the brother had the right of asking her and instead she was asked by her uncle, then in such a case her silence will not be considered to be a consent.
9. A wali performed the nikah of a girl without asking her and without obtaining her consent. After the nikah, the wali or his messenger came and informed the girl that her nikah with a particular man has been performed. In such a case, if she remains silent, this will be a permission on her part and the nikah will be valid. But if someone else comes and informs her, and this person is a pious, reliable person, or two person come and inform her, then by her remaining silent the nikah will be valid. But if there is only one person who informs her and he is an unreliable person, then by her remaining silent the nikah will not be valid. Instead, it will be held in abeyance. When she gives a verbal reply or any other form or granting permission is found, then only will the nikah be valid.
10. Upon being informed of her nikah, the girl did not give a verbal reply although it was necessary for her to give a verbal reply. However, when her husband approached her she did not refuse him from engaging in sexual intercourse with her. Even in this case, the nikah will be valid.
11. The same rules apply to a mature boy, i.e. he cannot be forced into a marriage nor can the wali perform his nikah without his permission. If his nikah is performed without his consent, its validity will be dependent on his permission. If he expresses his consent, his nikah will be valid. If not, it will not be valid. However, it should be borne in mind that the boy's silence is not considered to be a form of granting permission. He will have to give a verbal reply.
12. If a boy or a girl are immature, they do not have their own choice. Their nikah is not valid without a wali. If a boy (or girl) performs his nikah on his own or someone else performs it, it will be dependent on the permission of the wali. If the wali grants permission, the nikah will be valid. If not, it will not be valid. The wali has full rights over such a boy or girl. He can get them married to whoever he wishes and refuse whoever he wishes. Immature girls and immature boys cannot reject such a nikah at that time. This is irrespective of whether the girl is a virgin or has been married previously and had also been sent to her (first) husband's home - the same rule will apply.
13. If the father or grand-father perform the nikah of an immature girl or boy, they do not have the right to reject or repudiate this nikah even after they become mature. This is irrespective of whether the marriage was executed with a person who is of the same social standing or with a person of a lower class, and irrespective of whether the nikah was performed with mahrul mithl or whether it was far less than the mahrul mithl. In all cases the nikah will be valid and they cannot reject or repudiate this nikah.
14. If a wali other than the father or grand-father performed the nikah, and it was performed with a boy of the same social standing and the mahrul mithl was also given, then is such a case the nikah will be valid. However, after reaching the age of maturity, she has the right to endorse this nikah or to go and complain to a Muslim judge and have this marriage annulled. But if the wali performed her marriage with a man of a lower social standing or accepted a mahr which was far less than the mahrul mithl, the nikah will not be valid from the very outset. Similarly, if the wali performed the nikah of a boy with a mahr which was far more than the mahrul mithl of the girl, the nikah will not be valid from the very outset.
15. A wali other than the father or grand-father had performed the nikah of an immature girl who also had knowledge of this nikah. Then, she became mature and until then her husband had not had any sexual intercourse with her then, the moment she becomes mature, she must mention her discontent with regard to marrying this man. She must clearly state that she is not happy. Alternatively, she could say that she does not wish to continue with this marriage. This could be said in the presence of others or in privacy where is is all alone. But she has to mention it verbally. However, by her merely saying this, the nikah will not be annulled. She will have to go to a Muslim judge, he will annul the marriage, and only then will it be annulled.
16. If her husband engaged in sexual intercourse with her, and then she becomes mature, it is not necessary for her to reject the nikah immediately after becoming mature or after being informed. Instead, as long as she does not express irrespective of how much time lapses. However, if she clearly states that she is happy about this marriage, or her consent is made apparent in some other way such as being in solitude with her husband like any other normal husband and wife, then she will have no choice and this nikah will become strong.
17. The person who is most entitled of being the wali of an immature girl has gone to a foreign country. He is so far away that if the rest of the family had to await his arrival in order to consult him, the girl will lose this opportunity. Furthermore, the man who has come with the proposal is not prepared to wait for so long and it will be difficult for the girl to receive a similar proposal. In such a case, the person who in next in line to become her wali can also perform her nikah. If he performs the nikah without consulting the girl, it will be valid. But if the first wali is not very far away, her nikah should not be performed without consulting him. If it is performed, it will be dependent on his permission. Once he grants his permission, the nikah will be valid.
18. Similarly, if the second wali performs the nikah of an immature girl despite the most rightful wali being present, it will be dependent on his permission. For example, if the grand-father performs the nikah without consulting the father despite the latter being present, it will be dependent on the father's permission. If the right belonged to the brother but the nikah was performed by the uncle, it will be dependent on the brother's permission.
19. A woman became a lunatic and lost her sanity. She has a mature son and a father as well. If her nikah has to be performed, her wali will be her son because the son is more entitled of being a wali than the father (father of the woman).
1. The first wail of a boy or girl is their father. If the father is not present, the grant-father becomes their wali and if he is not present, then the great grant-father. If none of them are present, the blood brother becomes their wali. If he is not present, then the step-brother, i.e. brother from one father. Then, the nephew, thereafter the nephew's son; and thereafter, the nephew's grant-son. If none of them are present, the blood uncle becomes their wali. If he is not present, then the step-uncle, i.e. the step-brother of their father. Then, the son of the blood uncle and then his grand-son. Then, the son of the step-uncle and then his grand-son. If none of them are present, the father's uncle becomes their wali; and then his children. If the father's uncle, his children and grand-children are not present; then the grand-father's uncle becomes their wali. Then, his children, grand-children, and great grand-children. If non of them are present, the mother will be their wali. Then, the paternal grand mother, then the maternal grand mother, and then the maternal grand father. Then, the blood-sister and then the step-sister, i.e. sisters from one father. Then, the step brother and then the step sister who is from one mother. Then, the paternal aunt, then the maternal uncle and then the maternal aunt.
2. An immature person cannot become a wali of any one. A disbeliver cannot be a wali for a Muslim, nor can a lunatic be a wali for any one.
3. A mature has the choice to marry or not to marry. She can marry whomsoever she wishes-no one can force her to marry a particular man. If she marries a man on her own, the nikah will be valid wheather the wali is informed or not, and wheather the wali gives his consent or not. In all cases the nikah will be valid. However, if she does not marry a man who is of the same social standing as her, and instead, marries a man who is of a lower standing than her family, and her wali is not happy about this marriage, then the fatwa in some cases is that the nikah will not be valid. If she marries a man who is in the same social standing as her, but the mahr that she recieves is less than what is normally fixed in her paternal grand-father's family, then althought the nikah will be valid, the wali will at times have the right to annul this marriage. The mahr that is normally fixed in her paternal grand-father's family is know as mahrul-mithl. The wali can go to a Muslim court and have such a marriage annulled. However, it should be borne in mind that this right of annulment is only possessed by all those walis whom we had mentioned before the mother. In other words, from the father onward till the children of the grand father's uncle.
4. A wali performed the nikah of a mature girl without asking her or without seeking her consent. The validity of such a nikah will be dependent on her permission and consent. If she grants her permission, the nikah will be valid. If she does not grant her permission or is not happy, the nikah will not be valid. The method of granting permission is mentioned in the next ruling.
5. The wali came and informed a young virgin girl that he intends performing her nikah with a certain man, or that he has already performed her nikah with a certain man. Upon hearing this she remained silent, began smiling or began to cry. All these responses of her will be considered to be a permission and a consent. Now, if the wali performs her nikah, it will be valid. If he has already performed it, it will also be valid. It is not a prerequisite for her to give a verbal permission. Those who force a girl in giving a verbal permission are in error.
6. At the time of seeking her permission, the wali did not mention the name of her future husband, nor did she have any prior knowledge of him. In such a case, her silence will not be considered to be a form of consent, nor will it be considered to be a form of granting permission. It is necessary to mention the boy's name or some other form of identification whereby the girl can know to whom that the wali is the refers. Similarly, if the wali performed the nikah without mentioning the amount of mahr to her and it was far less than the mahrul mithl, the nikah will not be valid without her permission. He will have to seek her permission again.
7. The girl is not a virgin, and instead had married previously and this is her second marriage. When the wali asks her or seeks her permission for this second marriage, her mere silence will not be considered to be a form of granting permission. Instead, she will have to give a verbal reply. If hse does not give a verbal reply and remains silent, and despite this the wali performs her nikah, then her nikah will be in abeyance. Later, if she gives a verbal assent, the nikah will be valid. If not, it will not be valid.
8. Despite the father being present, the uncle, brother or any other wali sought the permission of a virgin girl. If she remains silent, it will not be considered to be a form of granting permission. Only when she gives a verbal permission will it be considered. However, if the father sent these persons to seek her permission, her silence will be considered to be a form of consent. In short, the wali who is given the first preference in Shari'ah and who has the most right to seek permission from the girl -when he asks her or when someone who has been sent by him asks her, then only will her silence be considered to be a form of consent. If the grand-father had the right of asking her, and instead the brother asked her; or if the brother had the right of asking her and instead she was asked by her uncle, then in such a case her silence will not be considered to be a consent.
9. A wali performed the nikah of a girl without asking her and without obtaining her consent. After the nikah, the wali or his messenger came and informed the girl that her nikah with a particular man has been performed. In such a case, if she remains silent, this will be a permission on her part and the nikah will be valid. But if someone else comes and informs her, and this person is a pious, reliable person, or two person come and inform her, then by her remaining silent the nikah will be valid. But if there is only one person who informs her and he is an unreliable person, then by her remaining silent the nikah will not be valid. Instead, it will be held in abeyance. When she gives a verbal reply or any other form or granting permission is found, then only will the nikah be valid.
10. Upon being informed of her nikah, the girl did not give a verbal reply although it was necessary for her to give a verbal reply. However, when her husband approached her she did not refuse him from engaging in sexual intercourse with her. Even in this case, the nikah will be valid.
11. The same rules apply to a mature boy, i.e. he cannot be forced into a marriage nor can the wali perform his nikah without his permission. If his nikah is performed without his consent, its validity will be dependent on his permission. If he expresses his consent, his nikah will be valid. If not, it will not be valid. However, it should be borne in mind that the boy's silence is not considered to be a form of granting permission. He will have to give a verbal reply.
12. If a boy or a girl are immature, they do not have their own choice. Their nikah is not valid without a wali. If a boy (or girl) performs his nikah on his own or someone else performs it, it will be dependent on the permission of the wali. If the wali grants permission, the nikah will be valid. If not, it will not be valid. The wali has full rights over such a boy or girl. He can get them married to whoever he wishes and refuse whoever he wishes. Immature girls and immature boys cannot reject such a nikah at that time. This is irrespective of whether the girl is a virgin or has been married previously and had also been sent to her (first) husband's home - the same rule will apply.
13. If the father or grand-father perform the nikah of an immature girl or boy, they do not have the right to reject or repudiate this nikah even after they become mature. This is irrespective of whether the marriage was executed with a person who is of the same social standing or with a person of a lower class, and irrespective of whether the nikah was performed with mahrul mithl or whether it was far less than the mahrul mithl. In all cases the nikah will be valid and they cannot reject or repudiate this nikah.
14. If a wali other than the father or grand-father performed the nikah, and it was performed with a boy of the same social standing and the mahrul mithl was also given, then is such a case the nikah will be valid. However, after reaching the age of maturity, she has the right to endorse this nikah or to go and complain to a Muslim judge and have this marriage annulled. But if the wali performed her marriage with a man of a lower social standing or accepted a mahr which was far less than the mahrul mithl, the nikah will not be valid from the very outset. Similarly, if the wali performed the nikah of a boy with a mahr which was far more than the mahrul mithl of the girl, the nikah will not be valid from the very outset.
15. A wali other than the father or grand-father had performed the nikah of an immature girl who also had knowledge of this nikah. Then, she became mature and until then her husband had not had any sexual intercourse with her then, the moment she becomes mature, she must mention her discontent with regard to marrying this man. She must clearly state that she is not happy. Alternatively, she could say that she does not wish to continue with this marriage. This could be said in the presence of others or in privacy where is is all alone. But she has to mention it verbally. However, by her merely saying this, the nikah will not be annulled. She will have to go to a Muslim judge, he will annul the marriage, and only then will it be annulled.
16. If her husband engaged in sexual intercourse with her, and then she becomes mature, it is not necessary for her to reject the nikah immediately after becoming mature or after being informed. Instead, as long as she does not express irrespective of how much time lapses. However, if she clearly states that she is happy about this marriage, or her consent is made apparent in some other way such as being in solitude with her husband like any other normal husband and wife, then she will have no choice and this nikah will become strong.
17. The person who is most entitled of being the wali of an immature girl has gone to a foreign country. He is so far away that if the rest of the family had to await his arrival in order to consult him, the girl will lose this opportunity. Furthermore, the man who has come with the proposal is not prepared to wait for so long and it will be difficult for the girl to receive a similar proposal. In such a case, the person who in next in line to become her wali can also perform her nikah. If he performs the nikah without consulting the girl, it will be valid. But if the first wali is not very far away, her nikah should not be performed without consulting him. If it is performed, it will be dependent on his permission. Once he grants his permission, the nikah will be valid.
18. Similarly, if the second wali performs the nikah of an immature girl despite the most rightful wali being present, it will be dependent on his permission. For example, if the grand-father performs the nikah without consulting the father despite the latter being present, it will be dependent on the father's permission. If the right belonged to the brother but the nikah was performed by the uncle, it will be dependent on the brother's permission.
19. A woman became a lunatic and lost her sanity. She has a mature son and a father as well. If her nikah has to be performed, her wali will be her son because the son is more entitled of being a wali than the father (father of the woman).
wa afwan,,, 
inshallah it is an usefull article for the reverts ( including me