Is it necessary to renew the current marriage contract? Should the wife seclude herself during that time? Can the wife's brother perform the contract with the father's approval, without embarrassing him, given that her father approved of the marriage after the first contract and the brother who performed the contract did not pray?
The fatwa is that a marriage contract conducted by the woman's brother while her father is alive is initially invalid. However, if the father later ratifies it, there is a difference of opinion regarding its validity. It is narrated from Imam Ahmad that it is valid, and it is not a condition that the ratification occurs before consummation.
Therefore, efforts must be made to renew the contract through the father or his agent, clarifying the necessity of this procedure to remove any doubt. The renewal does not need to be public; the presence of the father or his agent and one just witness is sufficient.
If this is not possible, there is no objection to adopting the opinion of those who validate a contract performed by the brother if the father ratifies it, especially if the father's initial refusal to marry her off was not religiously justified.
As for the guardianship of a brother who abandons prayer, its validity depends on the differing opinions of jurists regarding two issues: Is one who abandons prayer out of laziness an infidel or a fasiq (transgressor)? And is the guardianship of a fasiq valid in marriage?
It is understood from this that the situation is complex in those countries due to the absence of Sharia courts. Accordingly, praise be to Allah for repentance from sins and steadfastness in righteous deeds.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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