QUESTION: There’s a brother who wants to have a marriage meeting with a sister, the sister’s father passed away and she has no male family members willing to assist her besides a male cousin from her father’s side. Can the cousin be the wali? And how do they go about with the marriage meeting if there isn’t a male mahram, is it sufficient if the mother attends to remove khalwah?
ANSWER (Sheikh ‘Abdulkhaliq hafidahullah)
…بالنسبه للنظره الشرعيه في السؤال الثاني اذا لم يوجد لها قريب الا ابن عمها فابن العم من العصبه اذا كان هو اقرب عصبه واقرب الاولياء لها فهو ولي لها. وبالنسبه للنظر اليها حتى لا تحصل خلوه يدخل بعض النسوه ممن هن من محارمه معه، ويكون النظر بضوابطه الشرعية.
“…With regards to the marriage meeting in the second question, if she does not have any closer relatives except for her paternal cousin, then he is from the عصبة, and so if he is the closest عصبة and the closest gaurdian to her, he becomes her guardian. As for the marriage meeting, then to prevent her being secluded with him, some women from among his female relatives should accompany him to the meeting, and the meeting must conform to Sharia regulations.”
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