Jamiatul Ulama KZN

Can my mother’s sister’s husband be my Wali or witness for my Nikah?

Published as Appointing a Wakeel for Nikah in the absence of a Wali

· 23 Muharram 1445 AH1 min readEnglish

Question

I am a female who intends on making Nikah. However my father has passed away and I don’t have a brother, any grandfathers or paternal uncles. Can my mother’s sister’s husband be my Wali or witness for my Nikah? If not, whom do I get to be my Wali and witnesses?

Answer

In the absence of a close male family member to act as your Wali (guardian) it is permitted to appoint another as your Wakeel (representative) for your Nikah.

Accordingly, it will be in order to appoint your mother’s sister’s husband to be your Wakeel. Two additional witnesses will be required in addition to the Wakeel. They can be extended family members. [Hindiyyah 1:298]

And Allah Ta’ala Knows Best

Answered by
Mufti Moosa Salie, Mufti Taahir Hansa
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/appointing-a-wakeel-for-nikah-in-the-absence-of-a-wali/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-36423

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