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Can a cousin be appointed as the wali if the father has died?

Al Hakam16th July 2021

On the occasion of a marriage, a paternal male cousin of the bride was appointed as her wali because her father had passed away. This arrangement was objected to by the rishta nata department. 

Huzooraa, in a letter dated 14 January 2020, gave the following instructions in this regard: 

“Respected Amir Sahib Canada has sent me a marriage registration case where the girl’s father has passed away and she also does not have any brother. The girl has appointed her paternal male cousin as the wali for her nikah. However, you have refused to register the marriage, saying that a paternal male cousin could not be a wali.

“Please, tell me according to which fiqh you have refused the registration because a paternal male cousin was appointed as the wali, whereas neither the girl’s father is alive nor does she have any brothers?

“According to the Ahmadiyya fiqh, after the father, the nearest blood relative of the girl who is present can become her wali. As a paternal male cousin is counted among blood relatives, he can therefore become the wali of a girl, provided that none of the immediate blood relatives is alive. So, please register her marriage.”

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Answers: AhmadiyyatAnswers: Fiqh
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