Asalaam Alikum Wa Rahmat Allah Wa Barakthu
Leest u Insja`Allah:
Citaat:
The conditions of the walee are as follows:
He should be of sound mind
He should be an adult
He should be free (not a slave)
He should be of the same religion as the bride. A kaafir cannot be the walee of a Muslim, male or female, and a Muslim cannot be the walee of a kaafir, male or female, but a kaafir can be the walee of a kaafir woman for marriage purposes, even if they are of different religions. An apostate (one who has left Islam) cannot be a walee for anybody.
He should be of good character (‘adaalah – includes piety, attitude, conduct, etc.), as opposed to being corrupt. This is a condition laid down by some scholars, although some of them regard the outward appearance of good character as being sufficient, and some say that it is enough if he is judged as being able to pay proper attention to the interests of the woman for whom he is acting as walee in the matter of her marriage.
He should be male, as the Prophet (peace and blessings of Allaah be upon him) said: “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.” (Reported by Ibn Maajah, 1782; see also Saheeh al-Jaami’, 7298)
He should be wise and mature (rushd), which means being able to understand matters of compatibility and the interests of marriage.
The fuqahaa’ put possible walees in a certain order, and a walee who is more closely-related should not be ignored unless there is no such person or the relatives do not meet the specified conditions. A woman’s walee is her father, then whoever her father may have appointed before his death, then her paternal grandfather or great-grandfather, then her son, then her grandfathers sons or grandsons, then her brother through both parents (full brother), then her brother through her father, then the sons of her brother through both parents, then the sons of her brother through her father, then her uncle (her father’s brother through both parents), then her father’s brother through the father, then the sons of her father’s brother though both parents, then the sons of her father’s brother through the father, then whoever is more closely related, and so on – as is the case with inheritance. The Muslim leader (or his deputy, such as a qaadi or judge) is the walee for any woman who does not have a walee of her own.
And Allaah knows best.
Sheikh Muhammed Salih Al-Munajjid
Naast dit ook het volgende:
Citaat:
Thirdly:
If a person does not pray because he denies that it is obligatory, then he is a kaafir according to scholarly consensus. If he does not pray because he is lazy and heedless, then the scholars differed as to whether he is a kaafir or not, but the correct view as indicated by the texts of the Qur’aan and Sunnah and the views of the Sahaabah is that he is a kaafir. See the answer to question no. 5208.
Based on this, the one who does not pray is not permitted to act as the wali or guardian in the marriage of a Muslim woman.
Based on this, guardianship passes to the next closest relative (after the father), namely the grandfather. If there is no grandfather or if he is not fit to act as the wali, then it passes to her brothers. If the youngest of them is the one who prays , then guardianship passes to him if he is grown up, otherwise it passes to those who come after him, such as brothers’ sons, then paternal uncles, then their sons, then to the sharee’ah judge if there is one. See the answer to question no. 48992.
Daarmee is hij/zij die het gebed niet verricht (volgens de shiekh) een kafir en kan hij (de vader) niet de rol van de wali vervullen. Allahu A3lam waarom uw vader het gebed niet verricht en hoe vaak hij het verwaarloost. Ik adviseer u contact te zoeken met een geleerd iemand (moskee bellen of anders) 070-3881257 <Alyaqeen.
Wa Salaam.