Short answer
In the Hanafi school the wali is her closest adult Muslim male relative on her father's side, in the order of inheritance: her son, father, paternal grandfather, full brother, paternal half-brother, their sons, then paternal uncles and their sons. A non-Muslim father cannot be wali for a Muslim woman, so for a convert a Muslim authority such as an imam or council takes the role.
Guardianship (wilayah) belongs to the 'asabah, the paternal male relatives, in the order of inheritance, beginning with her son, then father, grandfather, brothers, nephews and uncles. If none exists, Abu Hanifa extends it to other relatives, then the ruler or qadi. A wali must be Muslim, sane and adult. An adult, sane woman can contract her own nikah in this school, but if she marries a man who is not her equal (kuf') without her wali's consent, the fatwa position is that the nikah is not valid.
Other madhhabs
- Shafi'i
- The order starts with the father, then the paternal grandfather, then brothers; her son is not a wali by being her son. Without a wali the nikah is invalid, so a convert is married by the Muslim judge or someone acting in his place.
- Maliki
- A wali is required. The order starts with her son, then his son, then her father, then brothers.
- Hanbali
- A wali is required. The order starts with the father, then the paternal grandfather, then her son, then brothers.
Explanation
The wali (guardian) is the man responsible for looking after a woman's interests in marriage. In the Hanafi school an adult woman may contract her own nikah, but it is sunnah for her wali to arrange it. His consent becomes decisive when the man is not her equal (kafa'ah, suitability): the relied-upon fatwa is that a marriage to an unequal man without the consent of a wali she has is not valid. See marrying without a wali.
The Hanafi order:
- Her son, then grandson (Imam Muhammad put the father first).
- Her father, then paternal grandfather.
- Her full brother, then her half-brother through the father.
- Their sons.
- Her father's full brother, then his half-brother through the father, then their sons.
- If there are no paternal relatives, other relatives such as her mother, then the qadi or Muslim authority.
Common questions:
- Can the wali appoint someone? Yes. He may appoint an agent (wakil), such as the imam, to speak for him.
- What if the father is far away and cannot be reached? The next wali in line may act.
- What if the wali refuses a good match without reason? This is called 'adl (unjust blocking), and his say passes to the next wali or the qadi. See the link above.
- Converts. Allah says believers are allies of one another (9:71) and disbelievers are allies of one another (8:73), so a non-Muslim father has no wilayah in her nikah. An imam, a Muslim judge or an Islamic centre can act. See our new Muslim guide.
The wali is different from the two witnesses. See also conditions of a valid nikah.
The evidence
Quran, Surah At-Tawba 9:71
وَٱلْمُؤْمِنُونَ وَٱلْمُؤْمِنَٰتُ بَعْضُهُمْ أَوْلِيَآءُ بَعْضٍۢ ۚ يَأْمُرُونَ بِٱلْمَعْرُوفِ وَيَنْهَوْنَ عَنِ ٱلْمُنكَرِ وَيُقِيمُونَ ٱلصَّلَوٰةَ وَيُؤْتُونَ ٱلزَّكَوٰةَ وَيُطِيعُونَ ٱللَّهَ وَرَسُولَهُۥٓ ۚ أُو۟لَٰٓئِكَ سَيَرْحَمُهُمُ ٱللَّهُ ۗ إِنَّ ٱللَّهَ عَزِيزٌ حَكِيمٌۭ ﴿٧١﴾
The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise.
Guardianship is between Muslims.
Quran, Surah Al-Anfaal 8:73
وَٱلَّذِينَ كَفَرُوا۟ بَعْضُهُمْ أَوْلِيَآءُ بَعْضٍ ۚ إِلَّا تَفْعَلُوهُ تَكُن فِتْنَةٌۭ فِى ٱلْأَرْضِ وَفَسَادٌۭ كَبِيرٌۭ ﴿٧٣﴾
And those who disbelieved are allies of one another. If you do not do so, there will be fitnah on earth and great corruption.
A non-Muslim is not a guardian over a Muslim in marriage.
Quran, Surah Al-Baqara 2:232
وَإِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَٰجَهُنَّ إِذَا تَرَٰضَوْا۟ بَيْنَهُم بِٱلْمَعْرُوفِ ۗ ذَٰلِكَ يُوعَظُ بِهِۦ مَن كَانَ مِنكُمْ يُؤْمِنُ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۗ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهَرُ ۗ وَٱللَّهُ يَعْلَمُ وَأَنتُمْ لَا تَعْلَمُونَ ﴿٢٣٢﴾
And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.
Guardians must not block a suitable marriage.
Sahih Muslim 1421
Sahih... الأيم أحق بنفسها من وليها ...
"A previously married woman has more right over herself than her guardian."
The Hanafi basis for a woman's own say alongside the wali.
Where the ruling is recorded
- al-Hidaya, Kitab al-Nikah, Bab fi al-Awliya' wa al-Akfa'. The order of guardians and the condition that the wali be Muslim.
- Radd al-Muhtar (Ibn Abidin), Bab al-Wali. Details of the order, the absent wali and the qadi's role.
- Minhaj al-Talibin (Nawawi), Kitab al-Nikah, on the order of guardians. The Shafi'i order and that the son is not a wali by sonship.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.