Propose to her Wali Fatwa No: 86555
- Fatwa Date:30-11-2003
I have worked with my boss and his sister for 4 years I like the girl and want to marry her Insha Allah, how I am going to if she is interested she is good Muslimah I am from Morocco and she is from Syria I am 36 and she is 30 I want to know how to approach her or talk to her brother.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
If this woman was previously married (i.e. non-virgin), then you may ask for her hand directly from herself, because she has the right to accept or refuse on the condition that you are safe from being tempted by her and you are not in seclusion with her. But if she agrees, then she has no right to marry herself off to you; rather, it is her Muslim guardian who marries her off to you.
However, if she is virgin, then you have no right to ask for her hand directly but you shoud ask her hand from her guardian, like her father or grandfather if they are qualified to be as guardians, i.e. if they are Muslims, because a non-Muslim cannot be a guardian of a Muslim woman.
So, if her guardian is a non-Muslim, then her guardianship moves to the closest kin to her such as a brother, or his son, or her uncle, etc. If she has no Muslim relative, then it is the Muslim judge who would marry her off. In case there is no Muslim judge, then it is the Muslim community who marries her off, like Islamic Centers or Associations available in your country.
Allaah Knows best.