Question:


A woman was an atheist (unbeliever) then she adopted Islam, a Muslim wanted to marry her, so is her atheist father allowed to be her guardian in the marriage contract? If not, who then will be her guardian (Wali)?

The Answer:

An atheist has no guardianship on the Muslim woman, if a woman adopts Islam then her father has no guardianship to get her married. As for your question about how would the atheist woman -who adopts Islam- get married, and who will be her guardian, the answer is as follows:

If she has a relative from her blood relationship (her brother, uncle….) aship- who adopted Islam, the nearest in relationship to her will be her guardian in marriage, her Muslim brother is more entitled than her Muslim uncle…

If she has no blood relationship who adopted Islam like her, and she is not living in a country which rules by Islam -as is the case in the question- thentry, on condition that he will be trusted to encourage her in her adoption of Islam and does not hinder her Islam or help her atheist family against herde her adopt Islam could be her guardian in marriage, or she could choose a Muslim man who acts justly, whom she is content to be pious, then he could berriage contract for her according to Shari'ah, then the husband can notarize the contract to maintain the rights.

For knowledge -if the country of the woman rules by Islam, then the Sultan is her guardian, if she has no blood relationship, because Rasulallah (saw) says:

"There is no marriage without a guardian (Wali), and the Sultan is the guardian of he who has no guardian" reported by Ahmad from Ibn Abbas and Aisha –may Allah be content with them- the sultan is more entitled than the judge and who comes after him from those mentioned before.