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The question

Does the guardianship of a husband who has deviated from the religion, abandoned prayer, uttered blasphemy, and committed major sins, fall away from his four daughters after they fled from him for five years, and who would be their guardian?

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

For a marriage to be valid, it must be contracted by the woman's guardian (wali). This guardian is, in order: the father, then the mature son, then the paternal grandfather, then the brother, then the nephew (brother's son), then the paternal uncle, then the paternal uncle's son. It is a condition for the guardian to be Muslim. If the father abandons prayer or persists in disbelief, his guardianship is forfeited and transfers to the next in line.

If a guardian is unavailable, or refuses to marry her off, and there is fear of harm, the Shar'i judge (qadi) will marry her. If there is no ruler (sultan) or judge, guardianship transfers to someone who has some form of authority, such as "the village head, or the caravan leader, or the head of an Islamic center in non-Muslim lands."

If the guardian is absent and his whereabouts are unknown, the ruler (sultan) takes his place.

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Ftawy
Original fatwa ID
4877
Imported
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Source text, unreviewed
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