If I Intend to Marry a Christian Woman, Can Her Non-Muslim Father Act as Her Wali?
Hanafi Fiqh
Answered by Shaykh Yusuf Weltch
Question
I am interested in marrying a Christian woman, but her father was mostly absent during her upbringing and rarely communicates with her now. Does this affect his role as her Wali, and should I still seek his blessing out of goodwill?
Answer
In the Name of Allah, the Most Merciful and Compassionate
A non-Muslim can only be a legal guardian (wali) to another non-Muslim. Seeing that your future wife is Christian, her father can act as her legal guardian. [Maydani, al-Lubab fi Sharh al-Kitab]
That said, it is not a legal requirement for the validity of the marriage that her father agrees. If he does agree, that is obviously best. However, it is not a condition. [Ibid.]
Marriage is Not Only for the Couple
The marriage of two people affects many people aside from the couple. It is a great means of bringing families together when done right. And it can also be a means of division between families when done in the wrong manner.
If you believe involving the father would be more conducive to a stronger relationship with him and his daughter, that would be better. If, however, due to their estrangement, you feel that the father may not have the best interest of his daughter in mind – it is permitted to go along with the marriage without his consent.
Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Faraz Rabbani
(ولا كافر على مسلمة) ولا مسلم على كافرة، إلا أن يكون سيداً أو سلطانا، وللكافر ولاية على مثله اتفاقا
Shaykh Yusuf Weltch teaches Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he completed four years at the Darul Uloom Seminary in New York, where he studied Arabic and the traditional sciences.
He then traveled to Tarim, Yemen, where he studied for three years in Dar al-Mustafa under some of the most outstanding scholars of our time, including Habib Umar Bin Hafiz, Habib Kadhim al-Saqqaf, and Shaykh Umar al-Khatib.
In Tarim, Shaykh Yusuf completed the memorization of the Quran and studied beliefs, legal methodology, hadith methodology, Quranic exegesis, Islamic history, and several texts on spirituality. He joined the SeekersGuidance faculty in the summer of 2019.
