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Wali in Islam PDF
Wali in Islam PDF
1. PREFACE
Meaning:
The marriage of a woman who marries without the consent of her guardians
is void.
Meaning:
Do not prevent them from remarrying their (former) husbands if they agree
among themselves on an acceptable basis.
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where couples had to be temporarily separated (faraq) because their marriage
contracts were found to be invalid due to wali issues, and certain wedding
ceremonies had to be postponed as the status of the wali is in doubt.
In order to ensure that the problem does not recur, we need to take collective
responsibility to understand the problems concerning a wali in performing a marriage
contract. This is due to the fact that guardianship is the basic thing that needs to be
identified before a marriage contract is performed. As such, we must not take for
granted the issues of wali because the order of the wali is preordained by Allah s.w.t.
which must not be overlooked and must be adhered to as determined by the Islamic
Law. There is no compromise and leeway in obeying the order of the wali without a
justifiable cause in the Islamic Law.
2. DEFINITION OF A WALI
2.1. The word wali is taken from the Arabic word Al-Wilayah ( ) meaning
the willingness to take responsibility to manage or to take up the authority to
administer something such as managing the orphans by attending to their needs
and to become a wali for a woman by performing a marriage contract for her.
There are four reasons why a person is granted with the Authority to become
a wali:
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a) Authority due to fatherhood.
b) Authority due to the Asobah characteristic (as in the matters of
inheritance).
c) Authority due to freeing a slave (a master who frees a slave).
d) Authority due to the empowerment as Sultan or King.
4. TYPES OF WALI
4.2. A Wali Mujbir is regarded as the perfect wali because he has full power to
endorse a marriage on behalf of everyone under his care. Although a father may
marry off her virgin daughter without her consent, it is sunat (favourable) for the
father to request for her consent. And the father may not act freely using his ijbar
authority. He has to make sure that his actions are just and fair for the benefits of
his daughter. That is why Islam has enforced 3 conditions which allow for the ijbar
authority of the father to be enforced upon his daughter:
4.3. For a daughter who is widowed or divorced, the father may not force her into
a marriage unless by a clear and undisputed permission as explained in the hadith
by the Prophet (peace and blessings be upon him) by Darulqutni which stated:
Meaning:
A widowed woman has more rights unto herself than her guardian and a
virgin woman is married off by his guardian.
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4.4. Wali Ikhtiar is a wali from Asobah guardians related to a woman at marrying a
woman with her consent. Wali Ikhtiar include Wali Akrab and Abaad, who are wali
in the absence of a Wali Mujbir who is either the father or grandfather from the
fathers side. Such wali can marry off mature adult women and does not have any
authority to force any marriage contract.
Wali Ikhtiar may only marry off a bride after she has given her consent. The
consent may be given in two ways:
Meaning:
It is sunat for a father to ask permission from a virgin woman, and her silence
is her consent.
4.5. According to the Islamic Family Law Act (Federal Territory) 1984, Act 303 in
relation to wali:
Section 7:
1) A wedding in the Federal Territory must follow the provisions in this Act
and the akad in accordance with the syara by:
a) A wali in front of the Registrar,
b) A walis representative in front of the Registrar and with the Registrars
consent, or
c) The Registrar as the walis representative.
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2) If a wedding involves a woman who has no wali from kinship (relationship
by blood), according to the syara, the marriage contract must be done by
a Royal Guardian.
a) A male
b) Has reached puberty and mature
c) A Muslim
d) Just and not fasiq (someone who violates Islamic law)
e) Not in ihram
f) A free man (not a slave)
g) Has no visual impairment (due to old age) which may impair eyesight.
5.2 A brief explanation about the terms and conditions to become a wali:
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Meaning:
and never will Allah give the disbelievers over the believers a way [to
overcome them].
Meaning:
Who are in Ihram (men and women) cannot marry and marry off another
(a woman whether or not in Ihram), and may not propose.
(Imam Muslim)
g) Wali is a free man. Therefore, a slave does not have the authority to marry
off anybody because he does not even have the authority upon himself
and when he does not have the authority upon himself, surely he does not
have the authority on others.
6. ORDER OF GUARDIAN
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Assistant Registrar and the Marriage Divorce and Ruju Registrar. Order of wali is as
follows:
a) Biological father
b) Grandfather from the fathers side, or older
c) A male sibling of the same father and mother
d) A male sibling of the same father
e) A nephew from the fathers side of the same father and mother, or younger
f) A nephew from the fathers side, or younger
g) An uncle from the fathers side of the same father and mother
h) An uncle from the fathers side of the same father
i) A nephew from an uncle from the fathers side of the same father and
mother (cousin)
j) A nephew from an uncle from the fathers side of the same father (cousin)
k) Fathers uncle of the same father and mother (distant grandfather)
l) Fathers uncle of the same father (distant grandfather)
m) A nephew from fathers uncle of the same father and mother (second
cousin)
n) A nephew from fathers uncle of the same father or younger (second
cousin)
o) Grandfathers uncle of the same father and mother
p) Grandfathers uncle of the same father
q) A son of the grandfathers uncle of the same father and mother or younger
r) A son of the grandfathers uncle of the same father or younger
s) Judge / king guardian (Wali Hakim)
t) Wali Tahkim (for a state without a Wali Hakim)
7.1 For a woman who does not have wali nasab (from her own kinship), or has
problems with her wali, she is allowed to refer to a Judge / King guardian (wali
hakim) because a king is a wali to those who do not have one as indicated in the
hadith by the Prophet (peace and blessings be upon him):
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Meaning:
Sultan / King is the guardian for those who do not have a guardian.
A woman who has problems with her wali to get married will require Wali
Hakim under the following conditions:
a) Wali refuses
b) Wali disappears / lost
c) Wali for a convert
d) Wali for an illegitimate child
e) Wali for a woman who does have wali nasab
Hence the Registrar should, as a replacement action under section 17, refer the
application to marry to the Syariah Judge who has the authority in the area the
woman lives in.
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8. APPLICATION TO OBTAIN WALI HAKIM ORDER FROM THE SYARIAH
COURT
8.1 First action: The applicant must produce the following documents:
a) A copy of the applicants identification card
b) The applicants birth certificate
c) A copy of the walis marriage certificate
d) A copy of the walis identification card (for women)
e) A copy of the witnesses identification card (2 men)
f) Authentication letter from employer / village headman / Penghulu /
Warden, Statutory Declaration letter for those who do not have an
employer to certify that the man / woman is not married
g) A copy of Death Certificate (for widow or widower)
h) Original Divorce Certificate (for divorcee)
i) Certificate of Islam (for new converts)
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e) The report will be submitted to the applicant to be submitted to the Syariah
Court as an attachment to the Wali Hakim application form.
f) Once the ruling to use a Wali Hakim has been obtained from the Syariah
Court, the applicant has to go back to the Syariah Law Division, the States
or Districts Islamic Religion Department to pursue the marriage
arrangements.
g) The marriage will be conducted by a Registrar or an Assistant Registrar
who has been authorised to be a Wali Hakim.
9. CONCLUSION
Wali is one of the wedding pillars that need to be properly identified and
carried out according to the correct order. Failure to obey it will result in a wedding
that is not valid and will leave a negative impact on the marrying couple, the society
and the institution of Islamic Religion Administration. Therefore, it is everybodys
responsibility especially the closest family to be brave to uphold the truth and the
Assistant Registrar and Registrar of Marriage, Divorce and Ruju must be experts in
wali issues and efficient as well as tactful in questioning the order of wali.
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