MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Region & Middle East

🧭 Region & Middle East · #26

A marriage using a wali hakim in Thailand — valid or not?

A Thai wali hakim is valid only if the kinship wali is absent, refuses without a valid religious reason ('adhal), or is more than two marhalah away according to the Shafi'i school. If the kinship wali exists and can be contacted, using a wali hakim across the border risks making the contract doubtful. "There is no marriage without a wali" (narrated by Abu Dawud 2085 and at-Tirmidhi 1101; sahih), and "The ruler is the wali of one who has no wali" (narrated by at-Tirmidhi 1102; hasan). Disputes about the wali are the main reason registration applications are rejected; the Syariah Court may refuse to validate the contract and the couple may need to remarry. The safer route: apply for a wali hakim order at the Syariah Court of your own state. See cross-border marriage.
Difference between schools. The Hanafi school allows a sane adult woman to contract her own marriage; the Shafi'i, Maliki and Hanbali schools make the wali an essential pillar, and Malaysian law follows the majority.

Sources

Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Jami' at-Tirmidhi 1102 (hasan)
← PreviousIn Thailand, which provinces apply Islamic family law?Next →Can a second wife be registered at a Thai district office (amphoe)?

Related questions

Within what period must a marriage in Thailand, Indonesia or Saudi Arabia be registered in Malaysia?For the Federal Territories, within six months (Act 303 s.31); other states have equivalent provisions in their enactments…In Thailand, which provinces apply Islamic family law?Only four provinces: Pattani, Narathiwat, Yala and Satun , under the Act on the Application of Islamic Law B.E. 2489 (1946).…Why must I be fined before my polygynous marriage in Thailand can be registered?Because taking another wife without the Syariah Court's permission is an offence , and the marriage can only be registered aft…How do I have a Thai marriage certificate verified at the Malaysian Consulate in Songkhla?A marriage certificate from the Provincial Islamic Committee is usually verified at the Consulate General of Malaysia in Songkhla (or the Embass…A husband pronounced talaq in Thailand or Saudi Arabia: must it be confirmed in Malaysia?Yes. A talaq or divorce order made abroad must be registered or confirmed in a Malaysian Syariah Court before it can …Is a marriage in Thailand valid in Malaysia?It can be recognised and registered in Malaysia if the contract is valid under the Shariah and the registration procedure is followed, …
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.