Q 2: Some Muslim women immigrated to
Canada
in the aftermath of the destruction that befell their countries due to wars and poverty. These women have no Mahram (spouse or permanently unmarriageable relative). Also, their Waliy (legal guardian representing the bride) is very far from them, and sometimes, their whereabouts are unknown and cannot be contacted. These women want to marry lawfully, does the Hadith of the Prophet (peace be upon him)
the Sultan (man in authority) is the guardian of one who has none
apply to them, or what should they do?
A:
The basic principle
is that the Waliy is the father, then the agnate relative, in nearest descending order. If they are not present, or are not eligible to be Waliy, for any reason, or abstain wrongfully, then the Muslim ruler or his deputy is the Waliy. If there is no Muslim ruler or judge, the head of the Islamic center will be the Waliy in this case. Allah (Exalted be He), states, (Part No. 18; Page No. 158)
The believers, men and women, are Auliyâ’ (helpers, supporters, friends, protectors) of one another
,
So keep your duty to Allâh and fear Him as much as you can
May Allah grant us success. May peace and blessings be upon our Prophet, his family and Companions.