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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #1781: HUKUM ABANG KANDUNG MENJADI WALI

Can a full brother act as marriage guardian (wali) for his sister while their father is still alive and living in another state?

Short answer

According to the Shafi'i school, a brother cannot validly act as wali while the father, as the nearest guardian, is alive and able to fulfil the role, because the father takes precedence in the order of guardians.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

According to the Shafi'i school, a brother cannot validly act as wali while the father, as the nearest guardian, is alive and able to fulfil the role, because the father takes precedence in the order of guardians. Guardianship does not pass to a more distant guardian merely because the father lives elsewhere. If the father cannot attend due to a distance exceeding two marhalah or another obstacle, a judge (wali hakim) takes his place, not the brother. The fatwa recommends that the father conduct the marriage contract himself, using modern means of communication to contact and discuss with him.

Written in our own words from the original fatwa — check the source before acting on it.

Mazhab Syafie berpendapat tidak sah wali ab'ad menjadi wali selagi wali aqrab masih ada.

Excerpt from the original fatwa · Federal Territories

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How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #1781: HUKUM ABANG KANDUNG MENJADI WALI”, 20 April 2021. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4736-al-kafi-1781-hukum-abang-kandung-menjadi-wali. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/brother-as-wali-while-father-alive/

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Evidence cited

Hadith

  • Tirmizi 399

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