Q. I
would like your opinion as to whether or not a wali is required in the case of
an adult woman who wishes to marry. Would you categorize this with the Qur'anic minutiae particular to the time and culture of the
Prophet (pbuh)?
Also, if the woman has been previously married, divorced, and has
children, would she need a wali for a subsequent marriage? Thank you for any light you
may share on this matter.
A. It
is our opinion that a "wali" is for minors. Abu Hanifa
was one of those who ruled that a thayyib, i.e., a
once married woman, must audibly give her consent. We feel that in our day and
age, the idea of a woman (such as you have described) having a wali is not only
backward, but somewhat chauvinistic. Given that Islam tells us to observe the
laws of the lands in which we live, a person in a western country over the age
of consent does not need a wali.
Posted
February 20, 2011