Source: Fatāwā Amunpuri by Shaykh Ghulām Mustafa Zaheer Amunpuri
What is the ruling on appointing the mother as the walī (guardian) for a marriage while the paternal uncle is present?
A woman cannot act as a walī in nikāḥ — neither for herself nor for another woman.
➤ Therefore, the mother cannot be a walī for her daughter’s marriage.
➤ In the presence of male relatives, the right of guardianship belongs to the paternal uncle, according to the hierarchy of Islamic law.
Sayyidunā Abū Hurayrah رضي الله عنه gave the following fatwa:
لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا، وَالزَّانِيَةُ هِيَ الَّتِي تُنْكِحُ نَفْسَهَا بِغَيْرِ إِذْنِ وَلِيِّهَا
Translation:
"No woman may marry off another woman, nor may she marry herself. A woman who marries herself without the permission of her walī is a fornicator."
Sunan al-Dāraqutnī: 3539 – sanad ṣaḥīḥ
➤ The mother cannot serve as a walī in the nikāḥ of her daughter.
➤ In the absence of the father, the next in line — such as the paternal uncle — is given the right of guardianship.
➤ The appointment of a woman as walī in marriage is invalid in Sharīʿah.
❖ Question:
What is the ruling on appointing the mother as the walī (guardian) for a marriage while the paternal uncle is present?
✿ Answer:
A woman cannot act as a walī in nikāḥ — neither for herself nor for another woman.
➤ Therefore, the mother cannot be a walī for her daughter’s marriage.
➤ In the presence of male relatives, the right of guardianship belongs to the paternal uncle, according to the hierarchy of Islamic law.
✦ Ḥadīth Evidence:
Sayyidunā Abū Hurayrah رضي الله عنه gave the following fatwa:
لَا تُزَوِّجُ الْمَرْأَةُ الْمَرْأَةَ، وَلَا تُزَوِّجُ الْمَرْأَةُ نَفْسَهَا، وَالزَّانِيَةُ هِيَ الَّتِي تُنْكِحُ نَفْسَهَا بِغَيْرِ إِذْنِ وَلِيِّهَا
Translation:
"No woman may marry off another woman, nor may she marry herself. A woman who marries herself without the permission of her walī is a fornicator."
Sunan al-Dāraqutnī: 3539 – sanad ṣaḥīḥ
Summary:
➤ The mother cannot serve as a walī in the nikāḥ of her daughter.
➤ In the absence of the father, the next in line — such as the paternal uncle — is given the right of guardianship.
➤ The appointment of a woman as walī in marriage is invalid in Sharīʿah.
