Q&A Home » Marriage - General

Who is her wali and how do I propose?

Last updated: 2nd March 2024
Question ID: #9773
Short URL:
Printer Friendly Version Email this page


 
Selamu Aleykum, I apologize for the long question but I have many which I cannot find answers to, I would greatly appreciate your help! I am Turkish living in the US, living in an area with next to no muslims at the moment (we only have a small mesjid and all the women are married), and plan to propose to a pious Christian girl I know,� named H.� We have both spoken to each other about it and agree we are a good fit; elhamdulillah she is chaste, she respects Islam very much and has promised we will raise the children Muslim. The first issue is in finding her Wali.� Her father unfortunately passed away two years ago, and she has no surviving paternal male relatives that know her well enough to represent her, she only has sisters, and her mother has two brothers she knows *at all* but I have read maternal relatives cannot represent her.� I have also read that in our Fiqh, the woman does not need a Wali to represent her, which may solve the problem but I don't know how accurate that information is. The second issue is in the proposal itself.� First, Is it Sunnah to recite Khutbat Al-Hajaah when I propose or only at the marriage ceremony?� Second, I feel I should�ask�her mother, as her parent even though she is not a Wali.� Is this necessary and should I�ask�her and the Wali together with H or can I�ask�them separately before, and�ask�H after I get their permission?� Third, in my country we give lots of nice gifts as the mahr, which I would like to do, but I have read that you don't give a mahr to a kitabi in some fiqhs, what is our fiqh's position on this? Finally are there any other sunnets or requirements I am missing? Thank you so much for your help, barakallah



بسم الله الرحمن الرحيم

الجواب حامدا ومصليا


A Kitabi (Christian woman) can perform her own marriage according to the Hanafi opinion.

Her male relatives can be her guardian.

وَٱلَّذِينَ كَفَرُوا۟ بَعْضُهُمْ أَوْلِيَآءُ بَعْضٍ ۚ

As for the disbelievers, they are guardians of one another. (8:73)

If none is available then the Imam can act as her representative and guardian throughout the process.

Also, When marrying one of the people of the book I.e. Christian or Jew they must be real Christian or Jew and not by name. She must be pious and chaste.

Also marrying them the implications are destructive like, the influence of their belief if one is not strong in their own faith in Islam and the mother’s belief and conduct will pass on to the children.

For those reason Umar (رضي الله عنه) will pass rulings of divorce for those Sahaba who would marry one of the people of the book

Marrying a Kitabi she will be given the right of dowry and maintenance.

And Allah knows best

14 Dhul Hijja 1445/ 21 June 2024

Mufti
Answer last updated on:
23rd June 2024
Answered by:
Ulamaa ID 04
Website
Location: London