❀ The Shari‘ah Ruling on the Wali and Witnesses in the Marriage of a New Muslim Woman ❀
Question: If a Christian girl accepts Islam, can her Christian father act as her wali (guardian) in marriage? Also, are two witnesses required from each side, and can her non-Muslim father serve as a witness?
Answered by: Respected Researcher Dāwūd Ismāʿīl ḥafiẓahullāh
According to Islamic jurisprudence:
A non-Muslim—even if he is the biological father—cannot serve as a wali (marital guardian) or as a witness in the marriage contract of a Muslim woman.
✔ Both the wali and the witnesses in an Islamic marriage must be Muslims.
This ruling applies particularly in the case of a woman who has embraced Islam, as:
◈ The guardian (wali) in the marriage of a Muslim woman must be a Muslim.
◈ A non-Muslim father cannot act as wali after the girl’s conversion to Islam.
◈ Likewise, the witnesses to the marriage must also be Muslims.
◈ In the absence of a Muslim wali, the role is fulfilled by the qāḍī (Islamic judge) or an appointed Muslim authority.
Question: If a Christian girl accepts Islam, can her Christian father act as her wali (guardian) in marriage? Also, are two witnesses required from each side, and can her non-Muslim father serve as a witness?
Answered by: Respected Researcher Dāwūd Ismāʿīl ḥafiẓahullāh
❖ The Wali and Witnesses Must Be Muslim
According to Islamic jurisprudence:
A non-Muslim—even if he is the biological father—cannot serve as a wali (marital guardian) or as a witness in the marriage contract of a Muslim woman.✔ Both the wali and the witnesses in an Islamic marriage must be Muslims.
This ruling applies particularly in the case of a woman who has embraced Islam, as:
- Her guardianship automatically transfers to Muslim authority (e.g., an Islamic judge or a trusted Muslim guardian).
- A non-Muslim relative is no longer Islamically qualified to represent her in matters of Islamic personal law, including nikah (marriage).
✿ Summary:
◈ The guardian (wali) in the marriage of a Muslim woman must be a Muslim.
◈ A non-Muslim father cannot act as wali after the girl’s conversion to Islam.
◈ Likewise, the witnesses to the marriage must also be Muslims.
◈ In the absence of a Muslim wali, the role is fulfilled by the qāḍī (Islamic judge) or an appointed Muslim authority.
