What is the ruling on marrying a committed Muslim girl if her father has abandoned prayer and committed major sins, and she has no paternal uncles or grandfathers, and she has two brothers who have abandoned prayer, and two maternal uncles who are committed, and there is no Sharia judge in the country? Who would be her legal guardian (wali) in this case?
The father of the girl is her guardian (wali), and his فسق (open transgression/disobedience) does not invalidate his guardianship, unless he denies the obligation of prayer or deems major sins permissible and the proof (hujjah) has been established against him. The majority of scholars hold that the transgressor's guardianship is not invalidated, and the view that it is invalidated contradicts the texts. If the father does not deny the prohibition of what Allah has forbidden, then his guardianship is not invalidated. If he is negligent in fulfilling his duties towards Allah, he must repent, and he should be advised and warned. One must be cautious about declaring someone a disbeliever (takfir) unless the conditions are met, impediments are absent, and the proof has been established.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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