A:
The most worthy person to act as a woman's Waliy in marriage is her father, then her paternal grandfather, and great grandfather and so on, then her son, her grandson, and her great grandson and so on, then her full brother, her brother through her father, then whoever is more closely related from among the agnates, as is the case with inheritance. If none of these is available, then the Muslim ruler should be her Waliy and the legal governor should act on his behalf. The Amir only acts on behalf of the Muslim ruler in administrative affairs and in carrying out court judgments. Accordingly, the Amir cannot be the Waliy for any woman who does not have a Waliy of her own. If she has no Waliy from among her relatives, the judge should be her Waliy and there is no town that does not have judges. Thus, he would be the judge of the town where she lives or of another town to which her town is affiliated judicially. (Part No. 18; Page No. 144) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.