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Absence Of Wali
In case of death of father ,can a maternal uncle be a wali for nikah..if the half brother ( brother from the first wife of Father)is still alive..but not in contact due to some complexities.and there are no ties with the paternal relatives (grandfather, paternal Uncles)
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7 Replies
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Absence Of Wali
updated 1 month ago
2 Members
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7
Replies
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And the girl her entire life lived along with her siblings and mother in her maternal home with her maternal grandmother, grandfather and maternal uncles (brothers of the mother)…the paternal relatives including (grandfather and Uncles didn’t took the responsibility of children of father ( both from the 1st wife and 2nd wife)after the death of the father..
So both wives took their kids and went to their respective maternal homes.
Both the mothers did let their kids meet with each other but very rarely and they never cut ties with them…
But distance arise with time and they stop meeting each other..
So at the time of the wedding the half brother of the girl from the first wife of the father was no considered as wali
Instead of him the maternal uncle took responsibility of wali and in the official documents he is written as wali(guardian of the bride)
The nikah took place in gathering in front of everyone from the b use family and the groom family..now someone told the bride that maternal uncles cannot be the wali..only paternal Uncles can be wali .if they are no available then the state act as the wali…
But at the time of nikah not even the imam raised any issue regarding the guardianship ..
@Irfan76 kindly guide me regarding this matter
Can wali be anyone if father is deseased
The maternal uncles took care of the girls and the mother as their guardians after the death of their father and they provide them care and affection like a father…
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There is no such thing in Deen.
An adult girl can appoint anyone as her wali.
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So choosing maternal Uncle as wali for nikah documentation instead of the half brother is not a religious issue?
Cz many school of thought have the view that only paternal side can be wali
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A wali is not a precondition for the validity of a marriage, according to Hanafi school of thought and to us as well.
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And nikah is Invalid if wali is not from paternal side…but as I told..the girl has no other wali except her maternal uncle whom he lived with.. someone told them that they have not done the right thing by writing mamu(Uncle) as the wali…cz Deen doesn’t allow it..if there was a half brother he is the wali ..not the mamu…but the girl never lived with the half brother and not have any Good bond…that’s why maternal uncle stepped in as wali on the comfortable choice of girls mother
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The siblings Including the brother from the first wife of Father lived far apart from the children (us) of second wife of the father..
So officially they were never this close and so the brother even though he was related by blood was not contacted to be a wali…
Instead the maternal uncle (mamo) volunteer to be the official wali..
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Okay sir I understood
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