Is the Guardian (Wali) of a Woman’s Janaza Her Husband or Her Father?

Question

A woman has died. Her father wants to take [the body] from her husband’s house to his own house and bury her there. A disagreement arose over this: some say the funeral prayer should be performed right here, while others say: how will the prayer be performed when there is no guardian (wali)? What we need to know is: is the guardian the father or the husband? If the husband does not give permission, may the father take the bier away or not? And will the prayer be valid without the guardian’s permission or not?

Answer

[ar]ولو ماتت امرأة ولها أب وابن بالغ عاقل وزوج فالأب أحق بها[/ar] “If a woman dies leaving a father, an adult sane son and a husband, the father has the greater right to her” (“al-Bahr”, vol. 2, p. 181). This passage shows that guardianship (wilaya) belongs to the father.

Source: Fatawa Mahmudiyya

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