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Guardian of the bride when the father is not available

Who can be the wali (guardian) of the bride, if her parents are separated (not formally divorced) and father has disappeared/is absent for over 5 years with no contact? (According to Islam law)

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Mohamed Bakheet Advocates & Legal Consultants
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26 Mar 2020, 07:50

If the bride has a brother or uncle, he can be the wali.

If she does not have any, the bride can submit an application to the judge in the Personal Status Court and marry without a wali.

We can help you to know, just contact us by phone or email.

Almeshref Advocates and Legal Consultants

Nour Attorneys & Legal Consultants
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26 Mar 2020, 12:54

Dear Questioner,

The Wali shall be the male next of kin from father side, it is better for the bride to obtain proof of father absence and no male relative to obtain approval of the judge, also advise the judge that due to current outbreak you would like to appoint judge a Wali.

We can help you to draft and apply for such a request to the judge.

Best Regards,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

For further inquiries, email us or call us.

26 Mar 2020, 13:21

What can be proof of the father's absence?

The male relatives are present (brother who is over the age of 18 years and uncle).

26 Mar 2020, 13:38

Police report or certificate from the home country.

26 Mar 2020, 14:49

We don't have this proof. Is this mandatory? What could be the next alternative?

26 Mar 2020, 15:36

The son and Uncle can sign a letter in front of the Notary that the father is missing for 5 years and they are the next of kin to the best of there knowledge.

Bin Eid Advocates & Legal Consultants
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27 Mar 2020, 19:01

If your father is not available then your brother can be your wali if you have no one then you can apply with the personal status court, sometimes the judge can grant you permission but it depends on a case by case.

Please call me for further information.

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