Appointing a Wakeel for Nikah in the absence of a Wali

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Nasihah (Advice): Spouses helping each other pray at night

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports that Nabi Sallallahu Alayhi Wasallam said: “May Allah have mercy on a man who stands at night to pray and wakes his wife to pray. If she refuses, he sprinkles water on her face. May Allah have mercy on a wife who stands at night to pray and wakes her husband to pray. If he refuses, she sprinkles water on his face.” (Abu Dawud)

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Question and Answer:

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?

(Question published as received)

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

Mufti Moosa Salie

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)

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