Son of same father, from another mother, can be walee?


Question #327:

A sister has a brother from the same father but different mothers, can this brother be a walee of the sister?

Answer :

Shaykh Ibn Hizam says in his book Fath Al Allam (4/325) :

The order of relatives to become Wali for a woman in her marriage :

Most of the scholars say, Father, Grand Father and even if it goes up (like father of Grand father), Son, Grand Son even if it goes down (like son of Grand son), Brothers (except the maternal brother (brother from same mother but different fathers)), children of Brothers, Paternal uncles, Children of Paternal uncles.

End of Shaykh’s speech.

From this it is understood that Paternal brother (brother from same father but different mothers) can be Walee for a woman in her marriage.

And it is not permissible for the distant relative to be Walee while close relative is present. The Permanent Committee for Scholarly Research and Ifta was asked,

Q 1: Sometimes, it happens that a person acts as the Waliy (a legally accountable person acting for a woman regarding marriage) of his sister in concluding her marriage contract in the presence of her father or grandfather. This is done based on the authorization and consent of the father. What is the ruling on this contract that is concluded by a more distant Waliy in the presence and with the consent of the closest Waliy?

A: If a more distant Waliy concludes the marriage contract of the woman in the presence of the closest Waliy without a legal excuse or a will made by the closest Waliy, this contract will be Batil (null and void). The marriage will be invalid in this case because he has no authority over the woman in the presence of her closest Waliy. However, the closest Waliy has the right to abdicate Wilayah (legal accountability to act for a woman seeking marriage) to the next Waliy or authorize another competent Waliy to conclude the marriage. In this case, the contract and the marriage will be valid because he abdicates his right to the person whom he authorizes, so he takes his entire rights. Accordingly, it is permissible for a brother to conclude the contract of his sister if the closest Waliy authorizes him to do so. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Source – alifta

Compiled by : AbdnNoor Al Hindi