Is it permissible for my father to marry me off, given that he is a usurer and a non-Muslim?
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The questioner : Is it permissible for my father to marry me off, given that he is a usurer, and before that, he is a non-Muslim? I hope for your guidance.
The Shaykh : If the woman’s father or any of her other awliya (close friends of Allah) is not a Muslim, while she is a Muslim, then he has no authority to marry her off and no guardianship over her, because Allah said in His Book:[An-Nisa 4:141].
As for if he is an open sinner due to sins and major sins that do not take him out of Islam, then he is her guardian according to one of the opinions. Some scholars said that it is required for the guardian to be righteous in both appearance and inner state. Others said: It is required that he be righteous in appearance, not in his inner state, meaning that if he conceals his sins, he is a guardian, because we judge by what is apparent. Some of them say: Righteousness is not required in him, neither in appearance nor in his inner state, as long as he is a Muslim, because the guardian is a relative, and a relative, in most cases, even if he has sins, cannot act in a way that harms his female relative. Yes.
The questioner : May Allah reward you. This questioner, the brother Abdullah al-Khalidi, we reviewed some of his questions in a previous session. He has about two questions remaining. He says, O honorable Shaykh.
The Shaykh : If the woman’s father or any of her other awliya (close friends of Allah) is not a Muslim, while she is a Muslim, then he has no authority to marry her off and no guardianship over her, because Allah said in His Book:
and never will Allah give the disbelievers over the believers a way [to overcome them].
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًاAs for if he is an open sinner due to sins and major sins that do not take him out of Islam, then he is her guardian according to one of the opinions. Some scholars said that it is required for the guardian to be righteous in both appearance and inner state. Others said: It is required that he be righteous in appearance, not in his inner state, meaning that if he conceals his sins, he is a guardian, because we judge by what is apparent. Some of them say: Righteousness is not required in him, neither in appearance nor in his inner state, as long as he is a Muslim, because the guardian is a relative, and a relative, in most cases, even if he has sins, cannot act in a way that harms his female relative. Yes.
The questioner : May Allah reward you. This questioner, the brother Abdullah al-Khalidi, we reviewed some of his questions in a previous session. He has about two questions remaining. He says, O honorable Shaykh.