Wali of a women

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Executive
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Wali of a women

Post by Executive »

Is it true that a younger blood brother has priority over a older half brother when asking for hand in marriage?? Oldest brother has the same father but a different mom. If you can please provide source. Thanks.
Last edited by Executive on Sun Apr 10, 2011 8:18 pm, edited 1 time in total.
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Re: Wali of a women

Post by ciyaal_warta »

abti never heard of it..am interested to hear about it..someone explain it please
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Re: Wali of a women

Post by Jamac_Yare »

Email Abu Hakeem he give you great answer inshallah
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Re: Wali of a women

Post by BlackVelvet »

Executive wrote:Is it true that a younger blood brother has priority over a older step brother when asking for hand in marriage?? Oldest brother has the same father but a different mom. If you can please provide source. Thanks.
That makes him a half brother. Step brother would have been if he was from a different mom and different dad related purely through marriage of your parents.
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Re: Wali of a women

Post by Somaliman% »

You mean half brother... :lol:

The half older brother is also blood, and shares same father, therefore because his older he should give her away, in no way does he lose that to younger full blooded brother. Common sense. its sharing the same father that counts in islam.
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Re: Wali of a women

Post by Executive »

sorry I mean't half brother.
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Re: Wali of a women

Post by Warsan_Star_Muslimah »

Executive wrote:Is it true that a younger blood brother has priority over a older step brother when asking for hand in marriage?? Oldest brother has the same father but a different mom. If you can please provide source. Thanks.
Well, what do you mean younger? If he is younger like say the full-blood brother is 35 and the other step-brother is 45, then the full brother has priority and is the girls Wali. This is according to the Shafi'i fiqh.

My sources are Reliance of the traveller by Ahamd ibn Naqib al-misri, in Arabic it is called Umdat al-Salik.

m3.7 The male relatives of a free women are the ones who may marry her to another, and the order (O: as to who has the right to be her guardian is her:

1) father

2) father's father (O: and on up);

3) brother;

4) brother's son;

5) father's brother;

6) her father's brother's son (O: and so on, in the same order as the universal heris in estate division (def: L10.6(12-14));

7) and then the Islamic magistrate (A: i.e. the judge (qadi)).

None of the above may marry her to someone when a family member higher on the list exists. If there are two of equal standing (A: two brothers, for example) and one is related to her through two parents while the other is related to her through the father alone, then the one related to her through both parents is the guardian......
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Re: Wali of a women

Post by ToughGong »

Reliance of the traveller by Ahamd ibn Naqib al-misri, in Arabic it is called Umdat al-Salik.
Grear book, :up:
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Re: Wali of a women

Post by Executive »

Thanks warsan, Yes I was referring to a full brother who is an adult.
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Re: Wali of a women

Post by Warsan_Star_Muslimah »

If his an Adult, it is always the full-brothers before the brothers related to her only through one parent.

Other thing, it is always the Grandparents before the brothers! :lol: I was surprised with that one. So, if a girls Great-grandfather is alive and the ones in the list before him are dead, he is her wali. :up:
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Re: Wali of a women

Post by Barkhadd »

surprise how wiilka aay eedo run ah u tahay comes before adeerkeed run ah
all top six waa isu wado qabiil i.e. no mention her mum brother ...etc
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Re: Wali of a women

Post by BlackVelvet »

So your brothers and your brothers' sons come before your adeers.

And your adeer's sons and adeer's sons' sons up to the magistrate come before your sisters' sons and your abti's sons? Talk about zero priority :lol:
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Re: Wali of a women

Post by udun »

Warsan_Star_Muslimah wrote:
Executive wrote:Is it true that a younger blood brother has priority over a older step brother when asking for hand in marriage?? Oldest brother has the same father but a different mom. If you can please provide source. Thanks.
Well, what do you mean younger? If he is younger like say the full-blood brother is 35 and the other step-brother is 45, then the full brother has priority and is the girls Wali. This is according to the Shafi'i fiqh.

My sources are Reliance of the traveller by Ahamd ibn Naqib al-misri, in Arabic it is called Umdat al-Salik.

m3.7 The male relatives of a free women are the ones who may marry her to another, and the order (O: as to who has the right to be her guardian is her:

1) father

2) father's father (O: and on up);

3) brother;

4) brother's son;

5) father's brother;

6) her father's brother's son (O: and so on, in the same order as the universal heris in estate division (def: L10.6(12-14));

7) and then the Islamic magistrate (A: i.e. the judge (qadi)).

None of the above may marry her to someone when a family member higher on the list exists. If there are two of equal standing (A: two brothers, for example) and one is related to her through two parents while the other is related to her through the father alone, then the one related to her through both parents is the guardian......
Maasha'Allah sister Warsan, may Allah reward you your efforts here, (amen). I have learned something new tonight. :up:

I think I must let go cyperspace fadhi-kudirir and learn Islam.

Thanks sister Warsan again, your Islamic knowledge is valuable here. :up: :up:
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Re: Wali of a women

Post by DisplacedDiraac »

Common sense really.. Unless the full younger brother is only a minor!
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Re: Wali of a women

Post by Executive »

WestLdnShawty wrote:Common sense really.. Unless the full younger brother is only a minor!
Common sense? Its easy to say that, thats what Somaliman% said and he turned out to be wrong. I wanted answer based on fiqh and not what most people would consider prudent.
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