The Ruling on Marrying a Woman Who Does Not Pray, and the Ruling on the Guardianship of an Open Sinner

Question:
The first message in this episode is one that reached us from Baghdad, the city of Saddam. It was sent by the listener: (H. J. A.), a Sudanese resident in Iraq. He says: I proposed to a girl I wanted to marry, but the girl’s father is a man addicted to drinking intoxicants, and the girl herself does not pray. Is it permissible for me, in this situation, to speak to the girl about prayer, and then marry her? And is it permissible for her father, who is addicted to drinking intoxicants, to be her guardian in the marriage contract? Please guide us on this matter, and may Allah reward you with good?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
Abandoning prayer is among the great crimes, indeed it is disbelief in Allah (Mighty and Majestic) according to the most correct of the scholars’ opinions, due to his (peace and blessings be upon him) saying in the authentic hadith: And due to his (peace and blessings be upon him) saying: .
The ruling that applies to a man also applies to a woman, and vice versa; because rulings are general except for what is specified by evidence. Many hadiths have come in this meaning, all of which indicate the disbelief of the one who abandons prayer. So you, my brother, do not have the right to marry a girl who does not pray. When she repents, returns to the truth, and that is established, it is permissible to marry her through her awliya (close friends of Allah), and her father is her guardian if he is a Muslim, even if he has some sins such as drinking intoxicants.
As for if he is not a Muslim, such as if he does not pray, or if he is one who attaches himself to graves and calls upon them besides Allah, or if he is one of the atheists like the communists and their like, then the guardianship transfers to someone else. The guardianship transfers to the closest of the 'asabah (residuary male heirs) after him, such as her brothers if she has brothers from both parents, or from her father; the one closest to her marries her, which is the full brother if he is a Muslim. If she has no brothers, then the closest of the 'asabah among her male relatives, such as a brother’s son, or an uncle, if there are no brother’s sons who are suitable for guardianship.
It is obligatory upon the one in authority, and the court acts on his behalf, to look into the matter. The Shari'ah judge takes the place of the guardian if he is absent, or if he is present but the conditions are not met in him. The Shari'ah ruler looks into that; if he finds an 'asib (residuary heir) who can marry her, otherwise the Shari'ah judge, even in personal status matters, takes the place of the guardian due to his (peace and blessings be upon him) saying: And the judge is the deputy of the sultan, but after the establishment of her Islam and her safety from the nullifiers of Islam. Yes.

The presenter : May Allah reward you with good. So he speaks to her about what was said, and negotiates with her regarding the matter of prayer, then he proposes to her?

The Shaykh : There is no harm in advising her in a way that contains no suspicion, by way of the telephone, or by way of meeting without seclusion, in the presence of her father, or in the presence of her brothers. This is from the category of advice, from the category of cooperation in righteousness and piety. Yes.

The presenter : May Allah reward you with good.