The Ruling on a Marriage Contract Concluded by a Guardian Who Does Not Pray
Machine translationRead the Arabic original
The questioner:
I am a student here in the Kingdom of Saudi Arabia, and I received news a few weeks ago that my marriage contract was concluded while I was here in Saudi Arabia with a pious woman. The problem is that her father was the one who concluded her contract, and he does not pray. When I went to the mosque, he would go with me out of courtesy. He was the one who concluded the marriage contract. Is the contract invalid or lawful?
The Shaykh:
It is valid. As long as he does not pray, he is not a guardian. Only a Muslim may marry her off, such as her brother who prays, or her paternal cousin who prays. As for a guardian who does not pray, he is not a guardian. A disbeliever cannot be a guardian for a Muslim. And the right is upon the correct view if the scholars said so.
The questioner:
So what is the ruling, O Shaykh, for most of these people who do not pray and do not marry off their daughters?
The Shaykh:
From Allah to Allah, if you know, then know. If you do not know, ask your Lord for well-being. And if you do not know, praise be to Allah.
The questioner:
I mean the ruling on the marriage, O Shaykh.
The Shaykh:
If you know [he does not pray], it is not valid.
I am a student here in the Kingdom of Saudi Arabia, and I received news a few weeks ago that my marriage contract was concluded while I was here in Saudi Arabia with a pious woman. The problem is that her father was the one who concluded her contract, and he does not pray. When I went to the mosque, he would go with me out of courtesy. He was the one who concluded the marriage contract. Is the contract invalid or lawful?
The Shaykh:
It is valid. As long as he does not pray, he is not a guardian. Only a Muslim may marry her off, such as her brother who prays, or her paternal cousin who prays. As for a guardian who does not pray, he is not a guardian. A disbeliever cannot be a guardian for a Muslim. And the right is upon the correct view if the scholars said so.
The questioner:
So what is the ruling, O Shaykh, for most of these people who do not pray and do not marry off their daughters?
The Shaykh:
From Allah to Allah, if you know, then know. If you do not know, ask your Lord for well-being. And if you do not know, praise be to Allah.
The questioner:
I mean the ruling on the marriage, O Shaykh.
The Shaykh:
If you know [he does not pray], it is not valid.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 267 ما حكم عقد الزواج إذا كان ولي الزوجة تارك للصلاة؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.
