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| dawud_uk |
Nov 17 2004, 09:18 AM
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Assalaamu alaykum all,
insha'Allah within the next month the sheffield new muslim project intends to start a wali service as this is something we couldnt find any imams willing to do and revert sisters working with new muslimahs have reported a dire need for this. can you all please check out the following article, especially those brothers and sisters with knowledge and let me know what you think. obviously given that i have only been in Islam for 2 years now i am very worried that i could have made a serious mistake in what i have put here and so be accountable for that but we had problems finding others who were willing to take on this responsibility so we have had to do it ourselves. We now have 5 married practicing brothers willing to take on sisters as her Wali and insha'Allah one of the better local imams will appoint them so i dont have to take this responsibility upon myself. assalaamu alaykum, Daw'ud Bismilla hir Rahma nir Raheem, Assalaamu alaykum, Here is a fact sheet for your information on the Wali service we at the New Muslim Project will be providing. Whereas I am sure many of you reading this will know many times more than we do about the duties of a wali and those of the Muslim community, yet we felt a fact and information sheet would help remind those who are knowledgeable as well as providing a brief introduction to those who are not and need to know about this important duty towards those sisters who out a wali in our Muslim community. What is a Wali and why do sisters need one? The Wali when the word is used in this context is the Guardian of a Muslimah in regards to marriage negotiations and in the nikkah ceremony itself. That is all his responsibilities extend to but if he wishes to do more than this, i.e. to help her actually find a husband or to welcome her into Islam by allowing his wife and daughters to meet with her and befriend her then that is up to him, as a sister without a wali is almost by definition someone who is either estranged from her family or a new Muslimah so not having any Muslim family to turn to. It is reported in Al-Tirmadhi, a Sahih haddith, The Prophet Muhammad (saws) said: “Any woman who marries without the permission of her wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.� This is the opinion of the Hambali, Maliki and Shafi Madhabs and they are agreed on this, as they believe it to be the strongest opinion given the strength of the above haddith along with other evidences. Many Scholars of the Hanafi Madhab state that the Wali is recommended for the Nikkah contract but not compulsory and that the marriage contract is valid without one. But even so we should see that each sister is given a Wali on embracing Islam to prevent inappropriate marriage proposals as many new reverts are overly trusting and do not yet realise that not all Muslims are practicing and in the past this has led to some sisters being exploited to the shame of the rest of the community. Here are some of the more serious offences we have heard of: 1. Shi’a brothers (and also unfortunately non-Shi’as) trying to convince new Muslimahs of the permissibility of temporary marriages “until they can get their families agreement.� 2. Some families treating revert sisters who trust them in a very bad way and selling their passports to brothers back home when he has no intention of staying married to the sister once he has his passport here. 3. Brothers telling revert sisters that sex outside marriage is permissible if it is a love relationship. To end these practices and others we are setting up a Wali service, so sisters have a trustworthy pious brother to go to, who will understand the differing needs of a revert sister. The Prophet Muhammad also said: “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.� Although the New Muslim Project – Sheffield contains Hanafis, Shafis and Hambalis on its Shura, we feel it is better to put the differences on this aside and agree that we in Sheffield need to appoint a Wali for each sister for her own protection from exploitative brothers, whether we believe it to be compulsory or recommended. We as the New Muslim Project are willing to take this responsibility off the hands of the Masjids for Revert Muslimahs if they do not have the time to do this. What are the Qualities looked for in a Wali? The conditions that the New Muslim Project has agreed are necessary for someone to be validly appointed as a wali by ourselves. 1. He should be Male because of the haddith, “No woman may conduct the marriage contract of another woman, and no woman can conduct the marriage contract on behalf of her own self, because the zaaniyah (fornicatress, adulteress) is the one who arranges things on her own behalf.� 2. He should be of sound mind as no one who is insane can be appointed to a position of responsibility within Islam. 3. He should be an adult. 4. He has to be the same religion as the bride, a disbeliever cannot be appointed as the Wali nor can the disbeliever father or brother of a Muslim sister act in this role, therefore necessitating the need for a wali to be appointed for revert Sisters. 5. He should be of good character – piety, trustworthiness, not an open sinner. 6. He has to be wise enough to ensure he takes account of the needs of the sister in question and the potential differences in culture. 7. It is preferable if he is married so it is easier for him to meet with the sister in the presence of his wife and or daughters. 8. It is important they have a decent standard of English. What is the New Muslim Project – Sheffield asking from the Masjids? We are actually asking very little from each Masjid, only that when you hear of a revert sister who is unmarried, that you ask someone to ask her to pass us the details so we can see to things from there both as a Wali service and in the general services the New Muslim Project provides. Also from time to time brothers may bring their non-Muslim girlfriends to the Masjid for marriage or will enquire if you will help them to marry. In this case, if the woman is also reverting to Islam at the same time then a Wali needs to be appointed to advice her at the nikkah and prior to this and we are willing to take on this role at this point if you cannot do it yourself. We are also willing to teach such new Sisters Salaah and to try to ensure that whatever circumstances brought them into Islam they are then treated as full Muslimahs and taught the correct ways of being a Muslim and a wife as once someone accepts Islam then all previous sins are forgiven. What is the New Muslim Project – Sheffield asking from each Wali? The duties of a wali are actually very simple. 1. He should receive proposals and advise the sister on these as to whether he feels they are appropriate for her or not. 2. He should act as the Wali during the Nikkah (marriage) ceremony once that takes place. These are the simple minimum duties expected from each wali, the first point would require him to keep in touch with the sister and make sure any marriage proposal goes through him so that no one tries to exploit the sister. The second is a duty during the ceremony itself to see the sister is married properly according to the Sunnah. Here are some other duties that each wali might want to perform, some are more time consuming but should Insha’Allah allow these sisters to come to a better understanding of Islam and marital relationships within Islam. It must be stressed although we are recommending these extra duties they are purely optional help a wali might like to give a new Muslimah and are in no way part of his main duties as a wali and are only in a general way helping a new sister feel at home within Islam. 1. Friendship – in this the Wali’s wife and / or daughters will invite the sister to their house for dinners, chats, Eid and Iftar (ramadhan) meals etc so the sister can see how a Muslim family works on a day-to-day basis. It is up to the sister to make this work with this family, so some might become very close and others only passing friends. 2. Help with finding a Husband. – Sisters can ask their wali’s help in finding a potential husband if they don’t already have someone in mind. In this the wali would help arrange her a marriage with someone he considered to be a pious and trustworthy brother, in the same way he would do so for women in his own family. 3. Mentoring and lessons on Islam – the wife and / or daughters of the Wali to see that the sister attends study circles to learn her salaah and other basics of Islam as well as teaching her the responsibilities of a wife in Islam. 4. The Wali to teach her future husband the basics on how to treat a wife within Islam and fill in any gaps in his knowledge on this. What can the sister expect from the New Muslim Project – Sheffield Wali service? Strictly speaking we can ask no more of the brothers who help with this service than the two simple task given as the actual duty of the wali, 1. He should receive proposals and advise the sister on these as to whether he feels they are appropriate for her or not. 2. He should act as the Wali during the Nikkah (marriage) ceremony once that takes place. But obviously we are going to aim to provide a lot more for those sisters who wish to take this up but this is entirely up to her. If she doesn’t wish to visit the wali’s wife and family that is up to her and she does not have to do so. Even so it would be advisable for the sister to avail herself of all the help she can get so she learns Islam at a comfortable pace to her and in a comfortable friendly environment, which the wali’s home and family could provide. The sister should not feel shy to ask for any of the following things from her Wali or his family, but she must also be aware that in doing these he and his family are only helping a sister in Islam and this does not constitute a duty of his as the Wali and he is doing these as an extra for her so she should be doubly grateful. 1. Friendship – in this the Wali’s wife and / or daughters will invite the sister to their house for dinners, chats, Eid and Iftar (ramadhan) meals etc so the sister can see how a Muslim family works on a day to day basis. It is up to the sister to make this work with this family, so some might become very close and others only passing friends. 2. Help with finding a Husband. – Sisters can ask their wali’s help in finding a potential husband if they don’t already have someone in mind. In this the wali would help arrange her a marriage with someone he considered to be a pious and trustworthy brother, in the same way he would do so for women in his own family. 3. Mentoring and lessons on Islam – ask the wife and / or daughters of the Wali to see that the sister attends study circles to learn her salaah and other basics of Islam as well as teaching her the responsibilities of a wife in Islam. 4. Ask her Wali to teach her future husband the basics on how to treat a wife within Islam and fill in any gaps in his knowledge on this. What happens if the Wali and sister have a disagreement? Although we strongly recommend that sisters take the advice of her Wali regarding marriage and which brother to marry as she cannot marry against his will. If this disagreement occurs, and the sister insists she will still marry this brother, she may ask for another Wali to be appointed for her by the New Muslim Project, or the Wali can back down and agree to let the Nikkah go ahead even though he may have reservations about the brother in question. Interestingly enough, this right exists for a sister raised in Islam if her father or guardian refuses a marriage proposal from a brother for no good reason. She has every right to go to an Islamic leader in her community and ask for her father to be removed as wali and another to be appointed in his place. Many Muslims are totally ignorant of this right for sisters in Islam to have their father removed as wali if he abuses his responsibility. It was narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If there comes a proposal of marriage from one with whose religious commitment and character you are pleased, then marry [your female relative under your guardianship] to him, for if you do not do that, there will be fitnah (temptation, tribulation) on earth and much corruption.� (Narrated by al-Tirmidhi, al-Nikaah, 1004; classed as hasan by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 865). Although wealth, looks, culture, age, race, education, job etc are all things that help with compatibility, in the end the only two things that a Wali may refuse a proposal on are Deen (i.e. practice of Islam) and character. Anything else could get him removed as Wali whether he has only been appointed by an Islamic leader or whether he is the father of the sister. So we would ask all the brothers acting as a Wali to bare this in mind that they not refuse the proposal of a brother who has good Deen and character, although a sister is perfectly within her rights to look at all of the characteristics of a brother and make her decision based on that but that is her choice not the choice of her Wali who can only advice her on this and not make a refusal on these points. Also it is possible that a Wali or a Sister will not get on together, some people just have clashes of personality. If this happens then it is perfectly ok for either one to ask us to appoint a new Wali for the sister. In Conclusion Insha’Allah this has helped clarify some matters for brothers and sisters who will be taking part of in this scheme. If we have caused any offence to people by our comments, then Insha’Allah please give us feedback and if you consider us to have made any mistakes in Islamic rulings we have portrayed in a simplistic way here then also please let us know as soon as possible. Assalaamu Alaykum, Daw’ud Emir, NMP – Sheffield. |
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