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So You Are The Wali, Now What?

The way most Muslims (as well as conservative Christians and Jews) live, a man asks for a woman’s hand in marriage from the father.

The father is not just a turnstile who has to say yes. He is a “wali” or protector and guardian of his daughter’s rights. So he will be asking some serious questions that would be awkward if the woman had to ask them.

Furthermore, in the Muslim community today esp. in the West, there are many converts that seek out a wali because they have no male relative who is Muslim. In this post, I share some guidelines aimed at the wali in his new role and stories that are useful.

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Being a wali is not an honorary role. You’re not just throwing out the first pitch. You’re actually trying to throw curveballs to see whether the proposal checks out or has issues.

Here are some questions and demands a wali should make:

Background check: Call and meet at least four people that were close to the man who has proposed and interview them. There’s no husn al-zann (good opinion) in marriage. As a potential suitor, you are rejected until you prove yourself, much like an application for employment. These days, most people’s background can be found on their social media, so the wali has to spend time scrolling down. Keep scrolling, read the comments, look at the pictures, click on who’s tagged in those pictures. Get a good idea. You are a private investigator *before* the problem happens, not after. 

Check financials:  You need to see the financials to make sure they are not in some ridiculous debt or have bad credit such that they can’t even rent an apartment or cover basic needs. You want some evidence that he can fulfill the obligation of maintenance.

Check the educational background or skill set: This is a given. If it’s solid, then it can outweigh lack of funds at this moment.

Check medical records: If this is a stranger, the wali needs medical records. There was once a wealthy, handsome young man that was suave and a seemingly amazing prospect who proposed for a girl who was comparatively of average looks and from a family of very modest means. The mother and daughter were head over heels, but the dad had enough common sense to know something was up.

“Why would he come knocking on our door?,” he asked.

So the father demanded medical records. The guy never produced them. When the dad pressed him, the man admitted, he had a sexually transmitted disease (STD) and that’s why he couldn’t find anyone else to marry him.

Now note, there are legitimate cases where people have a past when they have made mistakes. This happens to the best of us, and the door for tawbah (repentance) is open. In those cases, there are organizations that match-make for Muslims with STDs. People should act in a responsible manner and not damage the lives of other humans beings.

Lifestyle: It is your job to check if the two parties have agreed on life essentials such as religious beliefs, where to live, how to school kids, etc?

In-laws: Have you at least met the family of the suitor and spent some time with them to make sure there’s nothing alarming?

Engagement: Contrary to popular understanding, there is such a thing as engagement in Islam. It’s an announcement of a future commitment to marriage. Nothing changes between the fiancees, but nobody is allowed to propose anymore. The purpose of engagement is to give time for both parties to get ready. For example, the groom may want to save up some money, or the girl may be finishing up college. Also, it’s easy to put on a face during the get-to-know process, but it’s hard to fake it over an eight or nine-month period. I remember a story where a young woman was engaged, and four months into the engagement they discovered the young man was still getting to know other women. He basically reserved the girl and then went to check for better options. Needless to say, he was dumped on the spot. Engagements are commonly a few months. I think more than a year is too much.

Legal/Civil:  The marriage should be legal/civil in the country where you will settle. If you accept a Shariah marriage but not a civil one, know that you’re asking for legal complications, especially if a child enters the picture. (Ed. Note- we realize that some countries do not allow legal registration of more than one marriage- if that is a consideration please look at all options to protect your ward. There are ways to get insurance that can be set up.)

Mahr: Get 50% of the dowry upfront (or some decent amount) and whatever is scheduled to be paid later should be written and signed. I’ve seen too many cases where a really nice dowry is “promised” but never produced.

The dowry should be commensurate to current standards depending on the man’s job. For example in our area in America 5, 7, or 10k is a common range.

In sum, there are very few things in life that are as bad as misery in marriage. The wali’s job is to eliminate the bad things that could have been avoided. If that means he has to be demanding and hated for a few months, it’s worth the cost.

It’s preventative medicine.

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Dr Shadee Elmasry was born and raised in New Jersey and studied in the Muslim world in Fez, Hadramawt, Cairo, Makka, and Madina. He completed a Masters from The George Washington University in comparative religion, then a PhD from the University of London, SOAS on “Da’wa in the Works of Imam al-Haddad.”

7 Comments

7 Comments

  1. Avatar

    Fritz

    September 28, 2019 at 1:28 PM

    Check Medical records?!?! Would you hand over the medical records of the woman under your care to a suitor?

  2. Avatar

    Spirituality

    September 29, 2019 at 12:24 PM

    As Salamu Alaikum, Fritz,

    Absolutely. In this day and age, both parties should share medical records.

    Dr. Elmasry is presenting from the point of the view of the wali. However, the Wali should expect that the interested man is taking the same steps on his side: checking out the girl’s back ground, credentials, financial records, interviewing family and friends, and yes, asking for her medical records as well.

    • Avatar

      Fritz

      October 1, 2019 at 2:36 PM

      How about a medical check? You can swab for STD’s and do a (rudimentary) check for virginity. Why not that too?

      You talk about exchanging medical records but both parties have no legal obligation to respect confidentiality. And once something is handed over it can be scanned, pdf’d and distributed in the blink of an eye. Has anyone considered the ethical implications of essentially moving to a position of requiring people to share medical records? Do we suggest that matrimonial sites also start asking for a medical report for their respective participants?

      Good article mostly, but some important points for discussion.

      • Avatar

        Spirituality

        October 2, 2019 at 4:14 PM

        Thanks for bringing up the issue of confidentiality. I definitely agree that it should be clearly addressed in guidelines such as this one: not just regarding health records, but financial records, educational records, and other documents that may exchange hands during this process as well…

        For health records, one option is to have the parties sign consent form. This would be similar to the HIPAA consent form that patients sign when they see a physician, and when they want to transfer health records from one physician to another physician (or another interested party- such as a social worker). Suggested penalties for sharing the documents with people not listed on the consent form could be included.

  3. Avatar

    Spirituality

    September 29, 2019 at 12:25 PM

    Absolutely! In this day and age, both parties should share medical records.

  4. Avatar

    Naimuddin saifi

    October 4, 2019 at 4:07 PM

    thanks for sharing

  5. Avatar

    AlKalaam

    November 6, 2019 at 1:41 PM

    Asak,
    I strongly believe Muslims should work on their AKHLAAQH more than anything else.
    If there is honesty,trust,humility,respect in a community and its members other things will automatically fall in place.
    Changing the bottle with the same liquid is just a method of selling stuff in a new way.As it is the medical industry is soo far as we see it today, we don’t want room for more disaster and moreso making easier roads for them is a NO ,NO!

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#Life

What Repentance Can Teach You About Success

When losing weight, one piece of advice you’ll hear often is the following – if you fall off your eating plan one day, pick yourself back up and think of the next day as a fresh start.

Annoying, isn’t it?

You’ll hear this advice from people who have “made it” – they’ve lost a lot of weight, their lives have changed, and they’ll tell you to stick through it, and you’ll be like, yeah, I have, I tried, and I keep failing. I keep trying, I can’t sustain the motivation, I have life factors, I have stuff going on that makes this difficult.

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And you’re right.

You don’t have millions of dollars, a dedicated personal trainer and chef, the free time and lack of commitments others do, the lack of sleep, the injuries, or personal life circumstances that advantage others, nor do they have those that disadvantage you.

That’s not the point.

When you make a mistake, if you run through the process of regret, repentance, and retrying to do the right thing, Allah (swt) is pleased with you. And if you keep failing, repenting, and trying again, and again, and again, until you die, Allah keeps forgiving you.

The process of both recognizing your weakness, of getting out of denial, and humbling yourself and not thinking yourself so high and mighty has its own sobering effect. Not only does it help you in dealing with that atom’s weight of arrogance you don’t want to meet Allah (swt) with on the Day of Judgment, it helps make you a better human being, a more compassionate one, a more empathetic one, when calling others away from mistakes.

I’m not perfect, and you’re not perfect. Perfection is only for Allah (swt). But we’re trying. And the process of recognizing your weakness and at least attempting to rectify it means that maybe you’ll sin a little less, maybe you’ll still not invent excuses for mistakes and you’ll teach others, “Hey man, I know this is a sin, I know this is wrong, I hope you can do better than me.” And maybe they do change, and you’re both better for it.

Maybe in trying and failing again and again, what you end up doing is coming a little bit closer to success, and that process of trying and failing is the teacher you needed to get you out of your weakness and to then help others do likewise. Maybe that learning process serves you in succeeding elsewhere down the road in other treacherous turns and trials of life.

Whether it’s in losing weight, fixing broken relationships, pulling away from a heavy nafs addiction (eg pornography), don’t ever put yourself mentally in a position where “you’ve lost” and “you may as well give up” because “there’s no hope for me”. Don’t identify yourself by your failures.

So then, what is the point?

The point isn’t that you hit your goal perfectly. The point is that give your best, even with the little that you have, and that is good enough for you and for all of us. Ask Allah (swt) to help you better yourself, and in these 10 Days of Dhul-Hijjah, increase in your du’a, cry to Him for help, in whatever area of life it is you’re trying to improve.

And whatever you fail at, don’t fall off for weeks on end. Acknowledge your mistake, own it completely and take full responsibility. Try to figure out where you went wrong in your process, get help from others if you need to. Forgive yourself, and don’t resign yourself to an identity based on your mistakes.

Never get tired of failing, getting knocked down, and picking yourself back up and trying to do and be better again.

It’s always a brand new day tomorrow.

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30 Khawaatir in 30 Days- A Parent’s Guide | Day 19: My Mercy Encompasses All Things

Now that we have learnt about when the angels surround us, let’s now talk about how Allah’s subḥānahu wa ta'āla (glorified and exalted be He) mercy encompasses all things.

We say بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ  (bismillah Ar-Rahman ar-Raheem) a lot, right? It means ‘in the Name of Allah, the Most Merciful, the Most Compassionate.’ 

We say it when we pray, before we eat, and we’re encouraged to say it before we begin any new task. But do we really understand what rahma (mercy) means? 

Question: What do you think rahma means?

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Do you know that the word rahma comes from the root word, رحم (rahim), which means womb? 

Question: Who can tell me what a womb is?

That’s right. A baby is usually in their mommy’s womb for 40 weeks. The baby gets all the nourishment it requires; the temperature in the womb is perfect, the nutrients are always administered, it is safe and warm. All the baby has to do is grow, and alhamdulillah all its needs are being met. 

Question: How do you think the womb relates to Allah’s subḥānahu wa ta'āla (glorified and exalted be He) mercy?

Allah’s subḥānahu wa ta'āla (glorified and exalted be He) mercy is constantly surrounding us like a safety net. That doesn’t mean that we’ll never experience any pain, but Allah subḥānahu wa ta'āla (glorified and exalted be He) is constantly showing us mercy with every breath we take. Even blinking is a mercy from Allah subḥānahu wa ta'āla (glorified and exalted be He) that we don’t even have to think about. Allah subḥānahu wa ta'āla (glorified and exalted be He) even has more mercy for us than a mother has for her own child! 

One day the Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was walking with a group of his companions, and they passed by a woman who was frantically looking for her child. She would take any child to her breast and try to feed him/her. Then the Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said to the companions: “Do you think that this lady can throw her son in the fire?” We replied, “No, if she has the power not to throw it (in the fire).” The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) then said, “Allah subḥānahu wa ta'āla (glorified and exalted be He) is more merciful to His slaves than this lady to her son.”

And guess what? There’s even more mercy in the hereafter than we’re experiencing right now. 

Salman al-Farisi reported: The Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “Verily, on the day Allah subḥānahu wa ta'āla (glorified and exalted be He) created the heavens and earth, He created one hundred parts of mercy. Each part can fill what is between heaven and earth. He made one part of mercy for the earth, from it a mother has compassion for her child, animals and birds have compassion for each other. On the Day of Resurrection, He will perfect this mercy.” [Sahih Muslim]

99 parts of mercy on the Day of Judgment! That is one reason why it’s so important to have a good opinion of Allah subḥānahu wa ta'āla (glorified and exalted be He)! Allah subḥānahu wa ta'āla (glorified and exalted be He) even tells us in Surat Al-A’raaf:

وَرَحْمَتِي وَسِعَتْ كُلَّ شَيْءٍ ۚ

“My mercy encompasses all things” (Surat Al-A’raaf; 156]

And you all, my dears, are all encompassed by Allah’s subḥānahu wa ta'āla (glorified and exalted be He) mercy, alhamdulillah. 

 

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30 Khawaatir in 30 Days- A Parent’s Guide | Day 18: When the Angels Surround Us

Now that we have learnt about Hajar raḍyAllāhu 'anha (may Allāh be pleased with her) and her sa’i, let’s now talk about when the angels surround us.

Do you know that every time we sit together and remember Allah subḥānahu wa ta'āla (glorified and exalted be He), we are not alone in our meeting? We have very special visitors, and these visitors love to hear us praising Allah subḥānahu wa ta'āla (glorified and exalted be He)and thanking Him. 

Question: Who can tell me who these visitors are?

Yes! They are angels! Can anyone name some angels for me?

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We have Angel Jibril 'alayhi'l-salām (peace be upon him) who has delivered every message to every Prophet since the beginning of time. We also have our angels on our left and right who write down our deeds.

Question: Does anyone know the name of the angel that is in control of the weather? 

His name is Angel Mikai’l. 

There are so many gifts that Allah subḥānahu wa ta'āla (glorified and exalted be He) grants us when we gather together and remember him. Four things happen every single time! I want you to pay close attention to this hadith, because I’m going to ask you what those four things are after I read it. 

Are you ready?

‏لا يقعد قوم يذكرون الله عز وجل إلا حفتهم الملائكة، وغشيتهم الرحمة ونزلت عليهم السكينة، وذكرهم الله فيمن عنده‏

The Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: “When a group of people assemble for the remembrance of Allah subḥānahu wa ta'āla (glorified and exalted be He), the angels surround them (with their wings), (Allah’s) mercy envelops them, tranquility descends upon them, and Allah subḥānahu wa ta'āla (glorified and exalted be He) makes a mention of them before those who are near Him.”

Question: Can you believe that Allah subḥānahu wa ta'āla (glorified and exalted be He) makes mention of your name when you make mention of His? What do you think it means when “tranquility descends upon us?” Do you feel how calm your heart is? 

That is a gift from Allah subḥānahu wa ta'āla (glorified and exalted be He) and He tells us that our hearts find rest in His remembrance:

أَلَا بِذِكْرِ اللَّـهِ تَطْمَئِنُّ الْقُلُوبُ

“…Unquestionably, by the remembrance of Allah hearts are assured” [Surah Ar-Ra’d; 28] 

 

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