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The question

Is it permissible for the daughter of a father who watches pornography and befriends girls online to marry under the guardianship of someone other than her father?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on two opinions regarding the condition of justice ('adalah) for the marriage guardian (wali an-). The more preponderant of these is that the guardianship of a transgressor (fasiq) is valid, especially if he is the father, because guardianship is based on compassion and looking after the fiancée's best interest, and this is present in him even if he is a transgressor. The practice of people has been ongoing in this regard since the time of the Prophet, peace and blessings be upon him.

However, if the transgressor is dissolute (mutahattik) or a cuckold (dayyuth), or if his transgression leads him to marry off his ward to someone unsuitable for her, then his guardianship falls and transfers to the next in line, or to the judge if there is no one else. It is important to note that the view which states the invalidity of the transgressing father's guardianship does not mean that the girl can marry herself off; rather, the matter transfers to the next guardian in line.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
5940
Imported
Translation status
Source text, unreviewed
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