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Thursday 20 February 2014

What is a Wali (Legal Guardian)?

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What is a Wali (Legal Guardian)?
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In Islam, a Wali is a person who is responsible for the bride's life before she is married. As a Wali, it is also his duty to ensure that the proposed groom is a reliable and a trustworthy person who will continue to carry on his role and responsibility towards the bride after her marriage.

Who is a Wali?
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Listed in the proper hierarchy, a Wali can be the bride's birth father, her paternal grandfather, brother, paternal uncle or any male relative from her paternal side. If there is none available, then the Kadi will assume the role as a Wali.

How to determine a lawful Wali?
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You are conceived after your parent's marriage;
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Your parent's marriage is lawful in accordance with Syariah Law; and
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You are not an adopted child.

Conditions to become a Wali
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Generally, a Wali must be

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a Muslim;
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of sane mind;
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have attained the age of puberty.

What is the role of the Wali?
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The Wali must consent to the marriage. The Wali must accompany the bride when she makes her registration at the Registry.

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The role that a Wali plays in your marriage is of great importance. Hence, a Wali, who is found not to be lawful for the solemnization may render a marriage null and void. The consequence of an annulment is undesirable from both the Syariah and civil point of view. For one, the legality of the child that will be borne from the intended marriage that the couple is undergoing is dubious and this will have a bearing on future inheritance matters.
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In any event the Wali's consent is falsely declared, the Registry has the right to reject this marriage application and all bookings made in lieu to this application will be cancelled.

What is a Maskahwin (Mahar)?
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Mahar is a gift given by the groom to the bride after the solemnization ceremony. It symbolises the beginning of a husband's responsibility towards his wife in fulfilling her everyday needs.

Mahar can be in cash or benefits, such as gold, silver or money. Mahar is the bride's right and she owns the Mahar. Thus, she has the will to dispose of it as she wishes.

The current minimum rate for the Mahar in Singapore is S$100 cash.

What is a Hantaran (Marriage Expenses)?
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A Hantaran is a customary gift, usually in cash, given by the groom to his bride's family for the Walimah. The Hantaran rate must be agreed upon by both parties.

What is a Walimah?
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A Walimah is a feast given after the marriage by the couple, which is a sunnah. Walimah is a celebration of the newly formed family and for announcing that this couple is now husband and wife.

During the celebration, relatives and friends of both the husband and the wife, as well as community members are invited to get acquainted with each other and begin a nice relationship through the marriage.


Conditions to become a Witness
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Generally, a Witness must be

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male Muslim;
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above 21 years old.


Where does a Witness come in a Marriage Registration?
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Two witnesses are needed for your solemnization. The details of the witnesses, that is their names as in their NRIC and their NRIC numbers, are needed at the point of filing the application for registration of marriage. They do not need to be present when you file your application. However, their presence is needed on the day of solemnization.
Kadi & Naib Kadi
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ROMM has 4 Kadis and 20 Naib Kadis under its purview. They are officials of religious standings, and are appointed by the President of Singapore to solemnize Muslim marriages.

Kadi
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The Registry of Muslim Marriages has under its purview 4 Kadis. They are empowered to consider marriage applications and solemnize marriages with or without a Wali.

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