Wants to Marry a Girl after Her Conversion but She Has No Wali and Her Brothers May Refuse
Fatwa No: 424438

  • Fatwa Date:13-7-2020 - Thul-Qi'dah 23, 1441
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Question

Asalamu Alaikum,
Dear Sheikh, I live in the Asian subcontinent (Pakistan). Here the Christians are in minority and not that liberal as they are in Europe and America and women are usually dependent upon their families.
I know Islam allows us to Marry chaste women from people of the book.
I know a Christian woman who I want to marry by converting her to Islam first. She is also willing to convert but there are somethings I want to clear. Alhamdulillah I am a practicing Muslim and have studied deen I may not know much but I have some knowledge. I know that a woman can’t marry without her wali’s consent. But here the situation is that, her (Christian woman’s) parents are dead. And her wali in this case are her brothers. In subcontinent or anywhere else they may resist the marriage as she will be converting her religion. And as she is dependent upon them she is afraid of asking them about this. What I have learnt is that in this case supposedly if her brothers give her permission to marry than it’s the best but if they resist than in this case as her family is not Muslim, a Qadi can be her wali.
Now I want to ask can i marry her considering both the scenarios above in view. This was her side of story.
Now about me, I am not in a state to live independently with her as of now because i may also face resistance from my family and there is financial aspect too. Can I marry her in one of the two scenarios discussed above while she may live in her paternal home and I will give her money for her need till a year or two until when I may be able to move out with her together? She may practice her deen if her family allows which I believe they will.
I don’t want to commit a sin. While on the other hand it would be a greater deed to convert her and make her a righteous Muslim as this will remove all of her past sins too. And I may also get Jannah in return. What do you suggest?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad,  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We ask Allah, The Exalted, to facilitate the conversion of this girl to Islam. If Allah, The Exalted, makes you a reason for her conversion to Islam, it would be such a praiseworthy deed and a great means by which you draw closer to Allah. Whoever guides to a righteous deed earns an equal reward to the one who performs it. It was authentically reported that the Prophet, sallallaahu ‘alayhi wa sallam, said to Sa‘d  may  Allaah  be  pleased  with  him when he sent him to Khaybar: “Then, invite them to Islam; by Allah, if Allah guides only one person through you, that is better for you than possessing red camels (a very expensive breed of camels considered as the most valuable property to Arabs).” [Al-Bukhari and Muslim]

If she converts to Islam, then one of her Muslim guardians – if any – can marry her off, even if he is a distant male relative. If she has no Muslim male relative to act as her Wali (guardian), a Muslim judge may marry her off, and if there is no Muslim judge, she may appoint a Muslim man to act as her Wali in the marriage contract and marry her off.

Ibn Qudaamah  may  Allaah  have  mercy  upon  him said in Al-Mughni: “If a Muslim woman has neither a Muslim Wali nor a Muslim ruler to marry her off, then it was reported on the authority of Imaam Ahmad that a trustworthy (Muslim) man may marry her off with her permission.” [End of quote]

If her non-Muslim brothers refuse her marriage, their refusal is not taken into consideration because they have no guardianship over her when she becomes a Muslim. One of the conditions of guardianship is that the guardian and the woman under his guardianship must share the same religion, as we previously underlined. Accordingly, there is nothing wrong with you marrying her after her conversion to Islam, whether or not they agree to the marriage.

If your parents object to your marriage to her, the basic principle is that it is incumbent on you to obey them unless your obedience to them would contradict a preponderant interest for you, such as the case if you have become emotionally attached to this girl and fear to fall into sin with her.

There is nothing wrong if you marry her and she stays in her family’s house after the marriage until Allah, The Exalted, makes it easy for you to afford a separate accommodation. However, you should give careful consideration to the matter and not let yourself be led by your emotions in this regard. Marital life is a long journey, and it is very important that a Muslim should not embark on it unless he guarantees the means that help him sustain it.

We would like to point out that this girl is a non-Mahram to you until you conduct the Islamic marriage contract and she becomes your lawful wife. Therefore, beware of whatever may lead you to fall into temptation, such as the prohibited Khalwah (being alone with her without being visible to anyone else) and the like.

Allah Knows best.

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