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Fatwa CenterThe status of the marriage if the wife’s Wali has a deviant belief in Al-Husayn and the dead.
Question
Is it permissible for a Sufi man who observes prayer and fasts and pays the Zakaah (obligatory charity), to be a Wali (marriage guardian), knowing that he has a deviant belief in Al-Husayn and Zaynab, may Allaah be pleased with them, as well as other dead people? If not, what should we do now as the marriage contract has been concluded? Should we renew it and change the Wali?
Answer
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The Prophet, sallallaahu ‘alayhi wa sallam, said: “No marriage [is valid] without a Wali.” [Abu Daawood, At-Tirmithi, Ibn Maajah and Ahmad (Ahmad and Ibn Ma‘een: Saheeh)]
The Wali must meet specific conditions including being male, sane, adult and free. He and the woman must follow the same religion, because no Muslim man has guardianship over a disbelieving woman and no disbelieving man has guardianship over a Muslim woman, since they are not allowed to inherit each other. Allaah The Almighty Says (what means): {The believing men and believing women are allies of one another.} [Quran 9:71]
Hence, as long as the Wali is Muslim, his guardianship is valid.
With regard to the Wali in question, if he believes that such people are righteous and allies of Allaah The Almighty and does not offer any act of worship to them such as supplicating to them or praying to them, his guardianship is valid.
However, if he believes that they can bring about benefit or harm, or if he performs some acts of worship for them, then we should reconsider his condition.
If he does not know that this is an act of Shirk (polytheism) and that it is prohibited, he is excused due to his ignorance. Allaah The Almighty Says (what means): {And never would We punish until We sent a messenger.} [Quran 17:15]
However, if he knows that this is an act of Shirk or if the argument was established against him and he insists on his stance, then he is not a Muslim and his guardianship is consequently invalid.
In conclusion, if he believes in their righteousness and merit but does not offer any act of worship to them, or if he does so out of ignorance at the time the marriage contract was concluded, then the marriage contract is valid and there is no need to renew it.
However, if he does so while he knows the ruling of prohibition, then the marriage is invalid and it must be renewed in the presence of a Wali approved by the Sharee‘ah (Islamic law) if the spouses want to continue their marriage
The children from this marriage are legitimate children and attributed to their father, as unanimously stated by the scholars.
Allaah Knows best.
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