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| Title :
Consent To Marriage |
Siries 2 |
1. |
Is consent from the bride required before a marriage can be carried out? |
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Yes, consent from the bride is required for any marriage. For a woman who has never been married before (virgin), the consent comes from her Wali Mujbir (guardian)
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2. |
Can a virgin girl be forced to enter into a marriage without her consent by the Wali Mujbir?
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A virgin girl can be entered into a marriage without her consent by the Wali Mujbir on the condition that the marriage is sekufu and the marriage will not bring dharar syarie to the bride. |
3. |
How about the consent for a divorcee to marry? |
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A divorcee does not require consent from her wali to enter into a marriage. |
4. |
What is the meaning of sekufu?
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Sekufu is the situation whereby the husband and the wife are at par (same standard) with each other and are of equal status in term of family, financial, education level, descent and profession. |
5. |
Who is qualified to be a wali? |
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The List of wali, in the order of priority, is as follows:
i) Father by birth;
ii) Grandfather on the father’s side;
iii)Brother from the same parents;
iv) Brother from the same father;
v) Nephew from the same parents;
vi) Nephew from the same father;
vii) Uncle from father’s side of the same parents;
viii) Uncle from father’s side of the same father;
ix) Male cousin from the father’s side of the same parents;
x) Male cousin from the father’s side of the same father;
xi) Father’s uncle of the same parents;
xii) Father’s uncle of the same father;
xiii) The son of the father’s uncle of the same parents;
xiv) The son of the father’s uncle of the same father;
xv) Uncle of grandfather of the same parents;
xvi) Uncle of grandfather of the same father;
xvii)The son of the uncle of grandfather of the same parents;
xviii) The son of the uncle of grandfather of the same father;
xix) Wali Hakim. |
6. |
Who is a Wali Mujbir? |
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Wali Mujbir is the natural father (father by birth) or grandfather on the father’s side. |
7. |
Who is a Wali Raja? |
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Wali Raja is a wali that has been conferred the authority by the DYMM SBP Yang Di-Pertuan Agong or Sultan or state’s ruler to marry a woman who has no wali from the nasab (family lineage from the male side). |
8. |
When is a Wali Mujbir used? |
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Wali Mujbir is used when the birth father or grandfather from the father’s side is still alive |
9. |
When is a Wali Raja used?
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Wali Raja is used when there is none of the above Wali Mujbir or when all the Wali Mujbir are residing more than 60 miles away or if none of them are known to be alive. A Wali Raja is also used in cases involving adopted children. |
10. |
If the birth father cannot be located, who should be the wali? |
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If the birth father cannot be located, the grandfather from the father’s side shall act as the wali, and if none of the Wali Mujbir is available, the role falls under the responsibility of a Wali Raja. |
11. |
If the father of the bride is not qualified to be the wali due to fasiq, who takes over his role? |
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If a father is not qualified to be a wali due to fasiq(religious ignorance), his role shall be taken over by the grandfather from the father’s side, and if he is not available, to be followed by others, according to the prescribed order of the Wali Mujbir list |
12. |
What is wali fasiq? |
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ali fasiq is a wali who does not hold on to and who does not practise the prescribed Islamic teachings, who commits major sins such as adultery, drinking etc. |
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