Is the marriage valid if the father, who does not pray, delegated his brother to perform the marriage, and the father was present and the ma'dhun (authorized marriage official) witnessed the contract, given the condition of two just witnesses for the validity of the contract?
Abandoning obligatory prayers is one of the greatest sins. One who abandons it out of denial is a disbeliever, but abandoning it out of laziness is a matter of dispute, and the majority view is that it does not constitute disbelief.
If the father denies the obligation of prayer, he is a disbeliever, and it is not permissible for him to give his daughter in marriage, nor is his testimony valid. However, if he affirms its obligation but is negligent in performing it, the more prevalent opinion is that his guardianship for marriage is valid, and therefore he is his daughter's guardian.
For a brother to marry off his sister in the presence of their father without the father's authorization is considered the marriage by the distant guardian when the closer guardian is present, and there is a difference of opinion among scholars regarding its validity.
There is a difference of opinion regarding the testimony of a sinful father concerning his daughter's marriage. The more prevalent opinion is that it is accepted on the basis of him being the father. However, regarding him being sinful, the majority view is that his testimony is not accepted. The testimony of the marriage officiant (ma'dhun) is valid if his role is merely to instruct, write, and document the contract.
The most cautious approach is to renew the marriage contract through the guardian in the presence of two just witnesses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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