FatwaFederal TerritoriesMarriage & Family
AL-KAFI #23 : MENJADI WALI HANYA KETIKA NORMAL
Can a father who is sometimes well and sometimes unable to recognise his family due to a stroke still act as marriage guardian for his daughter?
Short answer
A guardian whose condition fluctuates may still act as wali if the marriage contract is held while he is healthy, lucid and normal.
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
A guardian whose condition fluctuates may still act as wali if the marriage contract is held while he is healthy, lucid and normal. This is preferred over transferring guardianship to another wali or to the court-appointed wali hakim. The contract should be scheduled for a time when he is aware and recognises those around him.
Written in our own words from the original fatwa — check the source before acting on it.
Ambillah pada masa dia sihat atau akad nikah dahulu ketika mana wali itu ingat dan sihat.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #23 : MENJADI WALI HANYA KETIKA NORMAL”, 5 May 2015. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1581-menjadi-wali-hanya-ketika-normal. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/guardian-with-stroke-fluctuating-health-marriage/