📜 Akad nikah · #5
What is a wali hakim and when is one used?
A wali hakim is the ruler or an official appointed by the religious authority to marry off a woman when the wali by lineage (wali nasab) cannot act.
Situations include: there is no wali by lineage at all; the nearest wali is more than two marhalah away (about 91 km) and cannot appoint a representative; the wali is missing and his whereabouts unknown; the wali is in ihram; the wali refuses without a Shariah reason (wali adhal); or the wali himself wishes to marry the woman (for example a cousin). The basis is the Prophet's ﷺ saying: "The ruler is the wali of one who has no wali." In Malaysia, using a wali hakim usually requires an order or permission from the Syariah Court/religious affairs office. See Marriage wali.
Situations include: there is no wali by lineage at all; the nearest wali is more than two marhalah away (about 91 km) and cannot appoint a representative; the wali is missing and his whereabouts unknown; the wali is in ihram; the wali refuses without a Shariah reason (wali adhal); or the wali himself wishes to marry the woman (for example a cousin). The basis is the Prophet's ﷺ saying: "The ruler is the wali of one who has no wali." In Malaysia, using a wali hakim usually requires an order or permission from the Syariah Court/religious affairs office. See Marriage wali.
Sumber
Sunan Abu Dawud 2083 (sahih)Jami' at-Tirmidhi 1102 (hasan)