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Can i have my father as a wali who never prays(i think he prayed ones on a death ceremony not sure)

Last updated: 18th February 2023
Question ID: #8129
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Hello i live in a country with mainly muslims(a lot of which are not practicers of islam only in name) but not ruled by islamic ruler and here the school of thought is mainly hanefi and as for the marriage as i heard some people say that the imams here consider the engagement ceremony to be enough for a valid marriage usually almost everyone gets married like that and you almost never hear anyone mentioning concepts like wali and other things not even imams. Personally i would like to marry with a muslim wali and with an imam and the witnesses but the problem is that my father even though he calls himself a muslim he never prayed or maybe he prayed ones when someone died not very sure and we told him to pray a couple times but he generally doesnt fast or provide for us as he was a bit sick years ago and always reasons himself that he cannot do things or doesnt feel well enough and stuff like that. I heard that people that dont pray are kafirs or at least who dont think praying is obligatory but for my father i dont know how to label him because he is a bit more on the side of illiterate and lack a lot of knowledge he only knows how to read or write but almost never read anything bht he recites ayyetul kursi, el fatiha and it is not like we have a court here for me to know if he can be my wali or he is a kafir personally i think if the judge were to threaten him to pray or lose his life he would probably pray. And also considering grandfathers brother or uncles etc they are either dead or do not pray or not believe except one uncle who prayed a few tines after his son died but maybe doesnt pray anymore or prays rarelly(not sure) and i dont know for sure if his son pray now and then or very rarely or hasnt prayed for since a time. In general neither my father or uncles or anyone would make a problem for the person i choose they wouldnt even care if the person i marry prays or not or how much practices islam. So can i take my father as a wali and have the ckntract in front of imam will that be valid or do maybe 2 contracts the secknd one taking the imam as my wali. Or do i need to check with my uncle cousin or uncle and if he prays take him (which maybe might cause some mess or talks with my father and people around expecially if the imams here might not say that wali are required or that i dont need to go to such lengths and my father is enough, and the fact that usually people here do not go labeling others as kafirs? Note that i still havent found a suitable person already struggling with that due to having a good job and only have a few friends who might help me with that but havent found someone yet since there arent many pracitcing muslim males who also have a good status or job. Also i heard that hanefi allows marriage without a wali but have to find someone of similar status which i might not be able to find or at least he will be in a lower status financially (which i am mentionjng in case my wali is not considered wali can i take into consideration this thought that i dont need a wali on that case)

بسم الله الرحمن الرحيم

الجواب حامداومصليا

Your father not being a practicing Muslim can still be your Wali.

In the Hanafi Fiqh, a woman who reaches maturity can marry whom she wants whether compatible or not without the permission of the Wali. However, if the person is not compatible with her the Wali has the right to refuse. This is Zahir Riwaya (manifest transmission) of the Hanafi Mazhab.

Hasan bin Ziyad says the Nikah will not be permissible if there is no compatibility.

It is better to act on the Zahir Riwaya of the Mazhab. So If he is not compatible and all the conditions of Nikah are present like offer and acceptance with witnesses present, Nikah will be valid.

وينعقد نكاح المرأة الحرة البالغة العاقلة برضاها وإن لم يعقد عليها ولي عند أبي حنيفة بكرا كانت أو ثيبا

وقال في الهداية ثم في ظاهر الرواية لا فرق بين الكفء وغيره لكن للولي الاعتراض في غير الكفء
وقال في المبسوط روي الحسن عن ابي حنيفة إن كان الزوج كفؤا لها جاز النكاح وإن لم يكن كفؤالها لا يجوز النكاح اه وهذا القول مختار صاحب خلاصة الفتاوي وقال هكذا كان يفتي شمس الآئمة السرخسي كذا في غاية البيان

(اللباب في شرح الكتاب كتاب النكاح ٤/١٦-٢٥)

إذا اختلف التصحيح والفتوي فالعمل بما في المتون أولي
(فتاوي شامي ٣/٨٩،سعيد)

And Allah knows best

02 Shaban 1444/ 23 February 2023

Answer last updated on:
23rd February 2023
Answered by:
Ulamaa ID 04
Location: London