Dought & clear, - She does not have any wali (guardian) for the purpose of marriage; can the director of the Islamic centre or her maternal uncle give her in marriage?

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:-> Im 19 years old girl from Finland. I'm muslim alhamdulillah and so is my mother but my father is a finnish non-muslim. I have one boy here in Finland who is very very willing to convert to islam soon and we would like to marry each other, of course only when he has sincerely converted. My problem is that as my father is non-muslim and so are all of his relatives and i don't have any brothers, i don't have any mahram here who could be my wali. I have three uncles but they all live in Turkey and have never visited us here in Finland. And only one of them is regular with his prayers. So I would like to ask that when I'm going to marry do I have to travel to Turkey and appoint the only uncle who is praying as my wali or is it allowed that I appoint an imam at the mosque/islamic centre here in Finland to be my wali. I appreciate if you can answer. Praise be to Allah Firstly: One of the conditions of marriage being valid is the presence of a wali; it is not permissible for a woman to give herself in marriage without a wali. If she does get married without a wali, then her marriage is invalid. There is no guardianship of a disbeliever over a Muslim woman in any circumstances, according to scholarly consensus. Please see the answer to question no. 48992. Secondly: Guardianship in the case of marriage belongs to the ‘usbah or male relatives on the father’s side; this includes the father, the (paternal) grandfather, the son, the brother and the paternal uncle. With regard to relatives on the mother’s side, they are not ‘usbah, and they cannot be guardians in the case of marriage. The maternal uncle does not come under the heading of ‘usbah, so he cannot be a guardian in the case of marriage. But there are some cases in which the maternal uncle may act as the guardian in the case of doing the marriage contract. These cases are: 1.When the wali has appointed him to do that on his behalf. 2.When the marriage contract has already been done, and it has been officially documented in a Muslim country that follows the scholarly view that it is permissible for a maternal uncle to give his sister’s daughter in marriage, or the view that it is permissible for a woman to get married without a wali (guardian). Please see questions no. 152595, 153602 Thirdly: If the woman does not have any wali who can give her in marriage, then that role may be filled by the Muslim qaadi (judge), if there is one. If there is no qaadi, as is the case for Muslim communities living in the West, then the director of the Islamic centre may give her in marriage. If there is no director of an Islamic centre, then the imam of the mosque, or a scholar, or a Muslim man of good character may give her in marriage. Shaykh Ibn Baaz (may Allah have mercy on him) said: If the woman is in a country where there is no wali – no brother, no father, and no paternal cousin – then the ruler takes the place of the wali; her wali is the ruler, because the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the wali of the one who does not have a wali.” So the ruler takes the place of her wali and becomes her wali; he may give her in marriage or appoint someone else to give her in marriage. If she is in a land where there is no (Muslim) ruler, qaadi or wali, as in the case of Muslim minorities in non-Muslim countries, then the director of the Islamic Centre may give her in marriage, if there is an Islamic centre, because his position is like that of the ruler for them. The director of the Islamic Centre may look at her case and give her in marriage to one who is compatible, if she does not have any guardians of her own and there is no qaadi. If the wali lives far away, he should be corresponded with ot spoken to until he appoints someone as his proxy (wakeel). But if it is not known where he is, then the next closest wali takes his place; the one who is most closely related to him takes his place. If she has no wali except this absent one whose whereabouts is unknown, then the ruler takes his place. http://audio.islamweb.n et /audio?page=FullContent &audioid=290408 In conclusion: The director of the Islamic centre in that country may take the place of the ruler, and the guardianship of the ruler in the case of marriage is an Islamically-acceptable kind of guardianship, if there is no wali who is a male relative on the father’s side (‘usbah). You do not need to travel to your maternal uncle in order for him to give you in marriage himself. If this man becomes Muslim because he genuinely wants to follow the religion, and his Islam is real, then there is nothing wrong with the marriage contract being done by the director of the Islamic centre in the place where you live. And Allah knows best.

- PUBLISHERNajimudeeN M

Dought & clear, - She did not know the ruling on the discharges that women experience, and she offered several prayers with one wudoo’ – what should she do?

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:-> I did not know the ruling on the discharges that women experience, and I used to offer more than one prayer with one wudoo’ before I got married. What should I do, knowing that this went on for several years? I do not remember whether that happened to me or not, but now I have discharges most of the time, and it is very difficult for me when I am travelling. If I am in the Haram and I do wudoo’ and do not feel anything, am I still in a state of purity? If I see anything after I come out, do I have to do anything? Praise be to Allah These discharges and secretions that women experience are described by the scholars as moisture of the private part. They are light secretions that a woman may not feel, and women vary in the amount of discharge. The most correct view is that they are taahir (pure), because there is no evidence to indicate that this moisture is najis (impure). Based on that, it is not required to wash off whatever of that discharge gets onto the body or clothes. See the answer to question no. 44980 With regard to the ruling on whether it invalidates wudoo’: Ibn Hazm (may Allah have mercy on him) was of the view that this moisture does not invalidate wudoo’. However the majority are of the view that they do invalidate wudoo’, unless they are continual, in which case she should do wudoo’ for each prayer when the time for it begins, then it will not matter if there is any secretion of moisture after that. The ruling on the woman who experiences that is the same as the ruling on those who have excuses, such as one who is suffering urinary incontinence or istihaadah (irregular, non-menstrual vaginal bleeding) and the like. Some of the scholars are of the view that the one who is affected by ongoing invalidation of wudoo’ is not required to do wudoo’ for each prayer, unless it is invalidated by something other than the issue that is ongoing in his case. Apart from that, it is mustahabb for him to do wudoo’ but it is not obligatory for him. Ibn ‘Abd al-Barr said: Wudoo’ in this case, according to Maalik, is mustahabb (encouraged) but not obligatory. He said: Among those who said that wudoo’ is not obligatory for the woman who is suffering istihaadah were: Rabee‘ah, ‘Ikrimah, Maalik, Ayyoob and a number of others. See:at-Tamheed, 16/98;Fath al-Baariby Ibn Rajab, 2/73 This view is the one that Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) settled on. See:ash-Sharh al-Mumti‘ ‘ala Zaad al-Mustaqni‘, 1/503 Even if we assume that it does invalidate wudoo’, according to some scholars, if you were unaware that these discharges invalidate wudoo’ and you offered a number of prayers with one wudoo’, you do not have to repeat what is past, according to the more correct opinion, because you are excused, as you did not know. See also the answer to question no. 102504 But in the future, it is better for you to do wudoo’ for each prayer, so as to avoid an area where there is a difference of scholarly opinion. One should try to be on the safe side in such cases, because according to the view that wudoo’ is required, acts of worship are rendered invalid if that is not done. Even those scholars who did not say that it is obligatory stated that it is mustahabb (encouraged). And Allah knows best.

- PUBLISHERNajimudeeN M

For children, - Muslim Charity: Help according to your capability

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:-> Sheikh Abdul Azeem Al Muhtadi Al Bahrani in his book 'Qasas wal Khawatir' relates that a beloved friend of his came to him in need of some money. Although the Sheikh didn't have anything to give this friend, yet he asked the friend to meet him at a certain venue so that he would give away the little he possessed, thinking of the saying that if you can't give everything you can give a little. As the Sheikh waited for this friend, he came across a verse of Noble Qur'an which says that a person should give charity according to his means, "Let him who has abundance spend out of his abundance and whoever has his means of subsistence straitened to him, let him spend out of that which Allah has given him; Allah does not lay on any soul a burden except to the extent to which He has granted it; Allah brings about ease after difficulty." (65:7) The Sheikh saw that the verse was describing his position in respect to his friend, as the Sheikh didn't have much to give to his friend but he would help his friend according to his capability. As he took out an envelope containing the little he had, he decided to write the verse of Noble Qur'an on the envelope. As he finished doing so, he found his friend coming towards him happily and saying that he had obtained what he desired soon after the Sheikh had promised to give him something.

- PUBLISHERNajimudeeN M