The Ruling on a Guardian Preventing Women from Marriage and the Ruling on Praying Behind Him

There is a man who has four daughters; the eldest is thirty-five years old and the youngest is twenty. They have asked to be married, but their guardian refused to marry them off. He is also the imam of the mosque. Is it permissible for us to pray behind him while he is in this state?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, and upon his family and his Companions, and whoever follows his guidance. As for what follows:
There is no doubt that it is obligatory for the guardian of daughters, sisters, and the like to fear Allah , and to strive to marry them to a suitable match if one is found, and not to prevent them from marriage for any selfish motive; such as the desire for their service, or their death, because they have wealth so that no one else shares in that wealth, or similar malicious intentions. Rather, it is obligatory for the guardian to hasten to marry the woman when a suitable match proposes to her; because it is narrated from the Prophet (peace and blessings be upon him) that he said: or as he (peace and blessings be upon him) said.
The summary is: that the trust must be cared for, and the daughter and sister and the like are a trust with the guardian. So it is obligatory for him not to harm this trust, and not to treat it badly. Rather, it is obligatory for him to treat it well and to marry her to a suitable match without delay, prevention, or harm.
This man about whom you asked has four daughters; the eldest of them is thirty-five years old. There is no doubt that he has made a great error if he delays in marrying them off without a valid Islamic excuse. It is obligatory for him to hasten to marry them off when a suitable match comes, and not to delay. He must be advised and directed to what is good. It is obligatory for those who know him, such as his neighbors, relatives, and people of his town, to advise him and warn him of the consequences of this matter. Likewise, it should be reported to the ruler, the ruler of the town, the judge, so that he summons him, admonishes him, reminds him, and warns him of the consequences of this action. Religion is advice, and the Muslim is the brother of the Muslim; he advises him and does not neglect him. This is what is obligatory for Muslims among themselves when they see such a thing: to advise him and not neglect him; because this harms the society, and it may lead the daughters to consequences that are not to be praised.
As for praying behind him, the prayer behind him is valid according to the stronger position; because the stronger position is that the prayer behind an open sinner is valid. It is only invalidated if the imam is a disbeliever. As for if he is a Muslim but a sinner, like this, or like a person who has other known sins; .. such as drinking intoxicants at times, or smoking, or shaving the beard. All these sins do not prevent him from being an imam; but it should be sought to find a better imam, and he should be removed if he is persistent in the action. He should be removed and someone more pious than him should be brought in. But if one prays behind him, the prayer is valid, but it is better and more preferable to pray behind one who is free from such issues.
And like this and its similar cases, it should not be approved, rather it should be advised against. If he reforms, otherwise he is removed from the imamate. That is, a major sin and injustice, so it should not be left for him to continue in this sin. Rather, he should be removed from this position as a disciplinary measure for him, and for the care of the state of the followers, so that no one leads them in prayer except one who is known for his uprightness, religiosity, and distance from sins. In any case: he should be warned against this bad action, and he should be ordered to marry his daughters off when suitable matches propose to them, and he has no right to delay in that at all. Yes.


The presenter: He also asks: What is the way out for these girls who have fallen into this difficult predicament?

The Shaykh: They have ways out, among which is: that they speak to their father with kind words and a good manner, and say: It is not hidden from you that marriage has many benefits, and a daughter without marriage is in danger; she wants chastity and she wants children. So we hope that our father will not delay when a suitable match proposes, in a good manner, perhaps he will soften, and perhaps the words will be of benefit.
If they cannot do that, or if they did it and it did not work, they should also seek the help of those they see as good among the relatives, such as his uncles and relatives whom he values and respects, perhaps they will intercede, and perhaps they will advise him.
If it is not possible for them to find someone to do that, and they do not find such a person, there is no harm in filing a complaint with the court, with the judge, or with the ruler, the prince, the ruler of the country, a prince, or a judge, so that cooperation is achieved to remove this evil.
But starting with a good manner is better. Starting by speaking to him with a good manner may be closer to winning his affection for them and to his leaving this injustice. If this is not possible because they fear him, fear his evil and his beating of them, or because he did not comply, then they should ask the good relatives, meaning the elders whom he values and respects, to mediate and intercede with him so that he leaves this injustice. If this and that are not found, or if this and that are not possible, there is no harm in complaining to the judge or to the prince or to both of them to resolve this problem. Yes.