Who is more entitled to guardianship over a Muslim girl who wishes to marry: the immoral father, the uncle who does not pray, or the eldest uncle and his observant son? And does abandoning prayerStrip the father of his guardianship?
For the validity of guardianship in marriage, freedom, puberty, sanity, masculinity, Islam, and not being in a state of ihram are required. The guardianship of a father over his daughter takes precedence, even if he is immoral, and this is what we have favored. However, if the father does not pray out of denial, he is considered an apostate by consensus, and therefore he cannot be her guardian. If he abandons prayer out of laziness while acknowledging its obligation, the majority do not consider him a disbeliever, whereas Sheikh al-Islam Ibn Taymiyyah considers anyone who completely abandons prayer a disbeliever, even if he acknowledges its obligation, and this is what we favor. Consequently, guardianship then transfers to the eldest paternal uncle. It is advisable to consult the Sharīʿah courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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