Is it permissible for a girl whose brother has abandoned prayer to marry a married طالب علم (religious student), despite the disapproval of her mother and brother? Does her brother's guardianship fall away due to his abandonment of prayer? Is it permissible for a guardian from among the Muslims to act on her behalf in her marriage contract, given that the girl herself has also abandoned prayer and sees this marriage as a salvation for her?

A woman's marriage is not valid without her guardian (wali), and the guardian has the right to refuse an unsuitable suitor. Her brother is her guardian if there is no one more entitled than him. One who abandons prayer is considered a transgressor (fasiq) by the consensus of Muslims, and some imams consider him a disbeliever (kafir). In this latter case, marriage to her is not permissible due to her lack of Islam. If he is a transgressor but not a disbeliever, the correct view is that the guardian's righteousness is not a condition unless his transgression harms the woman.

A seeker of knowledge is advised not to marry a woman who does not pray, for the Prophet, peace and blessings be upon him, commanded seeking the one with religiosity. The idea of her condition improving after marriage is merely a conjecture, and this marriage combines two harms: marriage without a guardian and marriage to a woman who does not pray. Therefore, this man should not marry this girl.