Can my non-Muslim uncle be my wali at the nikah?

Can my non-Muslim biological uncle be my wali, even if there are other qualified Muslims present at the nikah?

Does this depend on other factors?

This is a great question. And this is one in which the depth and the breadth of Islamic law is very important to understand.

Most people follow this opinion because it's the opinion of most scholars, is they say that a non-Muslim cannot be a wali.

Why? Because Allah (swt) has not given the disbeliever over the believer a means

Now they say that, well being a wali is a position of power. It's a position of prominence and therefore would not be permitted.

There are a group of scholars from the Shafi'i Madhab and others who have said, no, the function of the wali here is not the function of the waali.

The waali meaning the Sultan, the ruler of the Muslims.

That's where the verse is applicable, but the function of the wali is to make sure that the person that their relative is marrying meets their level of kefa'a, their level of compatibility. That they are an outstanding person, they are truthful in what they are saying, that they have been vetted.

And therefore there is no one better to vet a person for his daughter than the daughter's father himself or uncle himself and therefore I take this opinion that if I'm doing a wedding and there is a Muslim woman who has non Muslim relatives there, then yes, her father or her uncle or whomever will be the wali in that situation.

And he will be the one who permission is sought from and to make sure that he is happy with what is happening, not based on defiance or hatred of the deen. If somebody is hateful of the deen and doesn't want them to marry just because of the deen, then no, that person would be disqualified. Even if they were a Muslim, they would be disqualified.

But if they do not have that issue, but they're concerned that their daughter or their niece or their granddaughter or their sister is marrying somebody who is incompatible with them or will be detrimental to them, then that's an issue of concern.

So, if you have a wali and he's your non Muslim biological uncle, and he's not in any way, shape, or form holding enmity or against the deen, then yes, he can be your wali and he should.

As he would better represent you than anyone else, better than just some random uncle or the imam of the masjid who maybe has only met you two times.