How is the marriage contract of a Muslim woman with a Muslim man conducted when her father is not Muslim, it is not possible to go to him, and he cannot come here, and he cannot be called by telephone?
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The questioner : May Allah reward you, O Shaykh. This person asks: How is the marriage contract of a Muslim woman with a Muslim man conducted when her father is not Muslim, it is not possible to go to him, and he cannot come here, and he cannot be called by telephone due to financial inability? Is it possible for the woman to appoint a person other than her father as her guardian? And is it possible to appoint the husband’s father, his brother, or one of his friends in whom they trust?
The Shaykh : Yes, if the woman is Muslim and her father is a disbeliever, then her father has no guardianship over her. If the woman is Muslim and her father is a disbeliever, her father has no guardianship over her. Therefore, we ask her closest male relatives (asabah) to be her guardian, starting with the closest. Even if all her male relatives (asabah) are disbelievers, her guardianship reverts to the judge, the ruling authority, who either conducts the contract for her or appoints someone he sees fit to appoint. This is the solution to this issue. Yes.
The Shaykh : Yes, if the woman is Muslim and her father is a disbeliever, then her father has no guardianship over her. If the woman is Muslim and her father is a disbeliever, her father has no guardianship over her. Therefore, we ask her closest male relatives (asabah) to be her guardian, starting with the closest. Even if all her male relatives (asabah) are disbelievers, her guardianship reverts to the judge, the ruling authority, who either conducts the contract for her or appoints someone he sees fit to appoint. This is the solution to this issue. Yes.