Is the marriage contract concluded between the young man and the girl valid, given the presence of the girl's maternal uncle as her guardian, considering that her father refused the marriage and does not pray?
For a marriage to be valid, it must be contracted by the woman's guardian (wali) or his agent, based on the Prophet's (peace be upon him) saying: "There is no marriage without a guardian," and "Any woman who marries without the permission of her guardian, her marriage is void." The woman's guardians, in order, are: her father, then his father, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then the paternal uncles, then their sons, then the paternal uncles of the father, then the ruler.
One who abandons prayer is considered a disbeliever according to the sound opinion, and therefore cannot be a guardian in marriage, because a disbeliever has no guardianship over a Muslim woman, by the consensus of the scholars.
If the woman's brother is an adult and sane, he is her guardian. If he delegates her maternal uncle to conduct the marriage contract, the marriage is valid. The maternal uncle is not a guardian in marriage, and his marrying the woman is not valid unless he is delegated by the guardian, or if the contract is documented in an Islamic country that permits the maternal uncle to marry his sister's daughter, or that permits the marriage contract without a guardian. In such cases, the ruling of the ruler in matters of ijtihad (independent reasoning) is enforceable and not to be overturned.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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