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Removing the Guardianship of the Muslimah

Removing the Guardianship of the Muslimah

Shaykh Abdur-Rahmaan ibn `Abdullaah al-`Ajlaan

Reference: Question and Answer session

Category: Women’s Matters

I am a 23 year old Muslim sister who would like to get married, unfortunately, my father and most of my brothers do not pray. Only one of my brothers establishes the prayer but he is in prison. I would like to know if my father is still considered to be my Walee (legislated guardian) even though he does not pray, if not who can be my Walee? Is it possible for my brother to be my Walee and if so, how should we proceed?

If your father proclaims that there is no deity worthy of worship in truth other than Allaah, and that Muhammad is the servant and Messenger of Allaah, then he is a Muslim[1], and he is your Walee so long as he is not declared to be a disbeliever by a judge. If a judge declares him to be a disbeliever, then he is no longer a Walee, but as long as a judge did not declare him to be a disbeliever, then the basis is that guardianship belongs to him.

As for his relatives and companions who are around him, those who know of his state, that he has abandoned the prayer, it is upon them to advise him and his children that do not pray. It is upon them to be gentle with them, to call them to Allaah Ta’aala, to encourage them to practice good, to warn them from practicing evil and from the punishment of Allaah. Allaah Ta’aala said about the dwellers of the hellfire:

{What has caused you to enter Hell? They will say: “We were not of those who used to offer the Salaat}

[1] The Shaykh here is not claiming that one who does not pray is still a Muslim, he is only making the point that he is not to be declared a disbeliever by the masses, his affair is to be brought back to the Islaamic Judges and they are the ones to declare him to be a disbeliever after the conditions have been met and the preventatives removed.

Translator: Nadir Ahmad, Abu Abdul-Waahid

  1. Dawud
    August 24, 2010 at 03:50

    assalaamu alaykum,

    wouldnt it be more helpful to also point out how this plays out in the uk and the need for referring such matters as removal of the wali to the sheikh as no qadi in leicester?

    also, many sisters suffer the problem of their families refusing to arrange marriages for them, or refusing brothers on non deeni or character grounds, so perhaps posting something on this would be helpful also and how a sister has a right to have her wali removed if he is not fulfilling his responsibilities or is oppressing her islamic rights?

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