🌍 Children, inheritance & global · #105

After a divorce, who is the marriage guardian (wali) of our daughter?

The biological father remains his daughter's marriage guardian (wali), even when the mother has custody. Divorce ends the marriage between husband and wife, not the relationship between father and child. This is also an important reason to keep the child's relationship with her father throughout her growing up. If the father has died, guardianship passes to the next wali, such as the paternal grandfather or a full brother. If the father refuses to act as wali without reasonable cause, the Syariah Court can approve a judge as guardian (wali hakim). When the time comes, involve the father in discussions about a proposal from the start, so that the day of the marriage contract (akad) becomes a moment of reconciliation, not one that sparks conflict. See wali.

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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