Who can become a wali (male guardian) if the father is not able to
30 تموز 2024
السؤال :
Question
A brother has approached me with the intention of marriage and wants to speak to my wali (male guardian). However, my father had a stroke when I was younger and he can't speak properly and struggles to understand many things except with great difficulty. Is it allowed for this brother to speak to my uncle instead of my father and ask for permission to get to know me more?
الجواب :
Answer
All praise is due to Allah.
It is correct that the paternal uncle is from the male guardians of a woman in Islām. However, what is better and more correct in this situation is to follow the order of authority given to the male guardians.
If your grandfather (father's father) is alive then he is more deserving of your paternal uncle to fill the position of your father. In the case that he is not alive, then the next most deserving to be your guardian is your full brother. If you have no full brothers then your parental uncle would be the next most deserving to fill the position of being your male guardian.
So to conclude, if a person's father is in a difficult health situation and is unable to carry out this important responsibility of being a guardian, then the grandfather or the full brother or if they’re unavailable then the paternal uncle may carry out this duty.
We ask Allah to give you success.
Allah knows best.
And all praise is due to Allah Lord of the Ālamīn.
Transcript of Sheikh Abd al-Haqq Turkmāni's answer
27 May 2024 | 19 Dhul-Qa'dah 1445
