Question:

I am planning on marrying my financee who is currently incarcerated. None of my family is Muslim so my own father cannot be my Wali. Is it permissible for his father to be my Wali?

Answer:

If a woman is a virgin, she usually needs the permission of her Wali (her father or paternal grandfather) before getting married. However, in the following situations, it will not be necessary for a woman to seek the permission of her father or paternal grandfather, before getting married:

1. If she is not a virgin.
2. If she is a virgin, but her father or paternal grandfather refuse to grant permission to her for marrying a man who is compatible to her in the eyes of Shariah, as well as custom.
3. If the father and the grandfather are not in any way willing to participate in the marriage.
4. If they are not in a capacity to give their consent, like in the case of mental illness etc.
5. If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman is eager to get married urgently.

In pronouncing the marriage formula, she can either represent herself and say the formula her self, or she can nominate a representative (this can be her future husband or her father-in-law or the scholar who might be enacting the marriage). The representative needs to seek her permission to be her representative and then he can recite the marriage formula on her behalf.

Answered by: Dr Ali Alsamail

Certified by: Sheikh Mansour Leghaei