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Topic-icon Benefit: Legislated Ranks of Wilaayah in Marriages

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9 years 4 months ago #1950 by troid.org admin
In the Name of Allāh, the Ever Merciful, the Bestower of Mercy
From the benefits of this short article1 is an important review of the rankings of walīs for marriage, as quoted below (read the article at the URL above for more benefit):

Legislated Ranks of Wilāyah in Marriages

Let us take a muʿmīnt to be clear on the legislated ranks of wilāyah in a marriage contract. The following are the order of ranks, each of them being sound-minded adult men of the same religion:

  1. Father
  2. Grandfather (from the father’s side)
  3. Great Grandfather (from the father’s side)
  4. Son
  5. Grandson
  6. Great Grandson
  7. Oldest Full Brother
  8. Next Oldest Full Brother (and so on…)
  9. Oldest Half-Brother (from the Father’s side)
  10. Next Oldest Half-Brother (from the Father’s side, and so on…) [1]
  11. Oldest son of a Full Brother (Nephew)
  12. Next Oldest Son of Full Brother (Nephew)
  13. Oldest Son of a Half-Brother from the Father’s side (Nephew)
  14. Next Oldest Son of a Half Brother from the Father’s side (Nephew)
  15. Grandson of Full Brother (oldest first)
  16. Grandson of Half-Brother from the Father’s side (oldest first)
  17. Oldest Paternal Uncle
  18. Next Oldest Paternal Uncle (and so on…)
  19. Oldest Son of Paternal Uncle (Cousin) [2]
  20. Next Oldest Son of Paternal Uncle (Cousin, and so on…)
  21. Oldest Great (Paternal) Uncle
  22. Next Oldest Great (Paternal) Uncle (and so on…) [3]

Important: Each of the above mentioned walīs has the right to appoint someone on his behalf to act on his behalf.  So in this case, if the father appoints the brother to act as the walī, then he is the official and accepted walī, even in the presence of the grandfather, since the brother is the father’s chosen trustee and takes his place.

After these relatives have been exhausted, then a woman may seek to appoint a walī from outside her family through the Muslim authorities.

__________

1 Originally posted to bakkah.net
Compiled by Mūsá Richardson

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9 years 4 months ago #1951 by troid.org admin
Replied by troid.org admin on topic Benefit: Legislated Ranks of Wilaayah in Marriages
Seems like this will be quite important, oftentimes wilaayah is misunderstood.

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9 years 4 months ago #1987 by Madeehah Ahmad
Replied by Madeehah Ahmad on topic Benefit: Legislated Ranks of Wilaayah in Marriages
Read the whole article here .

I hope this will help the problem of 'DIY Walees' that has become so widespread among the Muslims these days, wallaahul musta`aan.

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9 years 4 months ago - 9 years 4 months ago #1988 by troid.org admin
Replied by troid.org admin on topic Benefit: Legislated Ranks of Wilaayah in Marriages
Reminds me of the time Shaykh 'Ubayd informed us that the wakeel should be appointed by the Masjid/Imām - that it should not be random. Even though the general requirements in the sharee'ah don't insist upon the Imām of a masjid being a wakeel (for those who don't have a walee from their relatives). The Shaykh explained that this is necessary or problems would occur. Interestingly and sadly, some of those who affirmed themselves as wakeels (DIY) made horrible errors not knowing the rights of the female, the mahr, making poor judgements etc. It's not an easy task. There is wisdom in what Shaykh 'Ubayd noted about the issue.
Last edit: 9 years 4 months ago by troid.org admin.

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