Is a man who converts a woman to Islam upon his hand considered her guardian or authorized to marry her off?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

There is conflicting narration regarding a woman who converts to Islam at the hand of a man. In one account, it is stated that he is not her guardian (*wali*) and cannot marry her off unless the Sultan intervenes, because he is not of her lineage (*asabah*), he does not pay blood money on her behalf, nor does he inherit from her, thus resembling a non-relative (*ajnabi*). In another narration concerning a woman who converts at a man's hand, that man may marry her off. This view is attributed to Ishaq. The basis for allowing him to marry her is the narration reported by Abu Dawud on the authority of Tamim al-Dari, stating that the Prophet, peace be upon him, said regarding a man who converts at the hand of another Muslim man: "He is the closest person to him in life and death."

Supporting text

A second opinion holds that he should not marry her off until the Sultan's intervention is sought, a view reported from Ibn Sirin. Al-Hasan held that there was no harm in him marrying her off himself.