Question:
Assalaam Alaikum Sayyidi
Sayyidi, if I were to marry a girl who is a convert but her parents are non-Muslim, do I still need the walee of her non-muslim father? Thank you so much. Also Sayyidi, if I had a money debt to my mother and she died before I could pay back, what can I do then? Thank you Sayyidi.
Answer:
Waalaykumussalam,
No. There is Quranic stipulation and agreement of the Four Schools (per the Mawsu`a Fiqhiyya Kuwaytiyya) as well as consensus (per Ibn Qudama in the Mughni) that a non-Muslim cannot be a wali of nikah for a Muslim. So a non-Muslim cannot be a wali of nikah for his Muslim daughter, granddaughter, niece, sister, mother, grandmother or aunt, nor to any Muslim woman. Either find a Muslim wali among her agnates, as distant as they might be, or else the judge can be her wali. Witnesses also cannot be non-Muslim.
As for your second question, you can repay her with a Hajj and/or Umra on her behalf, or with a sadaqa on her behalf.
Hajj Gibril Haddad
