Praise be to Allaah.
The scholars (may Allaah have mercy on them) mentioned
the conditions for being a woman’s wali (guardian) for marriage. Some
of these conditions are agreed upon, and others are disputed. The conditions
that are agreed upon are:
Ibn Quddamah said: The kaafir cannot be the wali of a
Muslim woman, according to the consensus of the scholars.
A similar view was also narrated from Ibn al-Mundhir.
Being of sound mind.
Majority (having reached puberty)
Ibn Rushd said: (The scholars) agreed that among the
conditions of guardianship are: being Muslim, being an adult and being
Ibn Qudaamah said: Being male is a condition of guardianship
according to all (the scholars). (al-Mughni, 7/356)
The conditions concerning which the scholars disputed
The condition of being free is listed by most of the
scholars; the Hanafis were of a different view.
The basis of describing freedom as a condition is that
a slave has no power of guardianship over himself, so it is more likely
that he cannot have the power of guardianship over anyone else.
(See the two references mentioned above)
Being of good character
Imaam al-Shaafa'i and Imaam Ahmad were of the view that
this is one of the conditions of guardianship.
What is meant by good character is appearing to be of
good character. It is not necessary for the wali to be of good character
both outwardly and inwardly. Such a requirement would be too difficult
and would lead to most marriages being invalid. (Khashshaaf al-Qinaa’, 3/30)
It is important to note that the questioner may want
to marry the woman, then if he discusses some issues with her guardian
and they have an argument, he might accuse him of not believing in referring
to the Qur’aan and Sunnah. This would be overstepping the mark and a
major sin, because it is accusing a Muslim of something that would put
him beyond the pale of Islam.
But if the wife’s guardian really does not believe in
the Sunnah, like that group which calls itself al-Qur’aaniyyeen, then
he should argue with him, explain the truth to him, dispel his confusion
and establish proof against him. Then if he persists he is a kaafir,
and it is not permissible for him to be the guardian of a Muslim woman
for marriage even if she is his daughter. He forfeits the right of guardianship,
which then passes to the closest Muslim relative of the woman. And Allah