Is a marriage contracted over the phone valid if consented to by the wife's brother, who does not pray, and does a divorce pronounced after consummation in such a case take effect?

For a marriage to be valid, it must be contracted by the woman's guardian (wali) or his agent. A person who abandons prayer cannot be a guardian in marriage, as there is a consensus among scholars that a non-believer cannot be the guardian of a Muslim woman's marriage.

If a guardian who abandons prayer contracts the marriage of his ward, the marriage is invalid (fasid). However, one who proceeds with it believing in its validity is not considered an adulterer. Most of the rulings of a valid marriage apply to this invalid marriage; thus, the dowry (mahr) is obligatory, the child is attributed to him, and if he divorces, the divorce is effective.

It is not permissible for anyone, after a divorce has occurred, to investigate the origin of the marriage contract in order to evade the divorce, as this is tampering with religion. Therefore, the divorce of the wife is valid and effective, and it is not permissible to resort to stratagems to nullify it under the pretext that the guardian was abandoning prayer.