أسئلة وأجوبة
Can a non-Muslim convert to Islam and marry a Muslim man without her Wali?
Hello.
A non-Muslim girl wants to come to the UAE, convert to Islam, and get married to a Muslim expat of her nationality in the UAE.
Her father knows and approves the marriage but they do not know about her plan to convert to Islam. She did not inform them because of the fear of being persecuted.
In this case, can the marriage happen without her Wali?
If not, what other option does she have?
Hello,
In the case of a Muslim woman, marriage without the Wali’s approval is generally not permitted under Islamic law.
However, if the woman converts to Islam in the UAE, she could technically seek marriage through the court system if her Wali (father, in this case) refuses or is unavailable.
The court can appoint a substitute Wali or grant approval for the marriage. If the woman’s father is not available or refuses to act as her Wali due to her conversion, she may apply to the UAE court to request permission to marry without her father’s approval.
In such cases, the court may appoint another Wali (often a male relative or a representative of the state) to act on her behalf.
Peace be upon you,
In the United Arab Emirates, a Muslim woman’s marriage contract must be valid if she has a guardian, according to the UAE Personal Status Law.
However, there are exceptional cases in which a woman can marry without her guardian present, including:
- Absence of the guardian or inability to communicate with him: If the guardian is absent for a prolonged period or cannot be communicated with or his whereabouts are unknown, guardianship is transferred to the next in line of agnates with the judge’s permission.
- Ward’s Obstruction: If the guardian prevents the woman from marrying without a legitimate reason, guardianship is transferred to the judge who can marry her with her consent.
In your case, since your father knows and approves of the marriage, but you did not tell him about your intention to convert to Islam for fear of persecution, concealing this matter may complicate the issue of guardianship.
Welcome.
The girl can marry without her guardian if she converts to Islam, but she will need to approach the Sharia court to appoint an alternative guardian if she does not wish to inform her father due to fear of persecution.
It is highly recommended to consult a legal or religious expert in the UAE for precise guidance based on her specific situation.
Our office specializes in such matters and can arrange an online consultation to further explore the issue.
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Good Morning,
Of course when there is a barrier between the guardian and his ward, then the issue is submitted to the court.
The judge here will be the guardian for the one who has no guardian or any other reasonable cause.
As soon as she converts to Islam and the guardians have a different religion, then the judge can approve the marriage to take place.
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Dear questioner
We can apply for court-appointed Wali for consenting to the marriage, however, there are certain criteria for the same.
To discuss this in detail, kindly share your Whatsapp number.
In Islamic law, a woman's marriage typically requires the consent of her Wali (guardian), usually her father.
If a non-Muslim woman wants to convert to Islam and marry a Muslim man in the UAE, her father's support is helpful, but the situation can be delicate, especially if he doesn't know about her conversion.
Here are some options
1. Discussing Conversion: If her father is supportive, she might consider informing him about her conversion for a smoother marriage process.
2. Alternative Guardian: If revealing her conversion could lead to negative consequences, she could appoint another trusted male guardian as her Wali.
3. Marriage Without Wali: In some interpretations, marrying without Wali's consent may be possible under specific circumstances, but this varies.
4. Seeking Guidance: Consulting a knowledgeable Muslim scholar or a local Islamic center can help her navigate her circumstances.
5. Legal Considerations: She should also be aware of the legal requirements for marriage in the UAE.
Communication and support will be crucial as she makes her decisions.
Dear Questioner,
If you convert to Islam and want to marry a Muslim, you must submit a request to the family court judge to appoint a guardian from the court who will conduct your marriage, and you must submit a certificate of conversion to Islam with the application.
According to UAE law, a marriage between a Muslim man and a non-Muslim woman is not allowed unless the woman converts to Islam.
In this case, the woman will need to have a Wali (guardian) to give her consent for the marriage. If her father is not aware of her plan to convert to Islam, she can choose another male relative or a trusted friend to act as her Wali.
If she does not have any male relatives or trusted friends who can act as her Wali, she can seek the help of the Islamic Affairs and Charitable Activities Department in the UAE.
They can assign a Wali for her and assist with the conversion process.
