What is the ruling regarding a Muslim woman in America choosing a male guardian (wali) for herself from among non-mahram men, considering the potential legal (Sharia) concerns that may arise from such a choice?
The answer is summarized in the following points:
1. There is no objection for a Muslim woman in America living in a non-Muslim family to rely on someone she trusts in his religion and intellect for consultation on her affairs, provided there is no khalwa (private seclusion) or touching of what is unlawful, and avoiding any forbidden act. 2. The marriage contract (nikah) of a woman is undertaken by her legal Muslim guardian (wali). If his presence is impossible or if he is a disbeliever, then by the Muslim ruler or his deputy. Otherwise, by a just man from among the general Muslim populace with her permission. 3. It is permissible for the wali to undertake the contract for himself, as indicated by the Sunnah and the statements of the majority of scholars. 4. The wali can marry women who desire his guardianship, provided they consent, and the number does not exceed four wives, and he deals justly among them.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 59688
- Imported
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- Source text, unreviewed
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