Can a Father Who Neglects Prayer and Fasting but Believes in Allah Serve as a Wali for Nikah?

Answered by Shaykh Irshaad Sedick

Question

Can my father, who does not pray or fast but believes in Allah and pays Zakat, serve as my wali for my Nikah, or must someone else fulfill this role? My brother is a minor, and my uncles and grandfather live abroad, leaving only my father’s cousins nearby.

Answer

In the Shafi‘i School, the presence of a valid guardian (wali) is essential for the validity of a marriage contract (nikah). The primary wali is typically the bride’s father. However, certain conditions must be met for someone to serve as a wali:

– Islam: The wali must be a Muslim.
– Maturity and Sound Judgment: The wali should be of sound mind and mature.
– Uprightness (Adala): The wali should be upright, meaning he adheres to the obligations of Islam and refrains from major sins. [Nawawi, Al-Majmu‘]

Concerning Your Father

Your father, who believes in Allah and pays Zakat but does not pray or fast, may be disqualified due to his neglect of prayer and fasting:

– Neglecting Prayer (Salah): The Prophet (Allah bless him and give him peace) said: “The covenant that distinguishes between us and them is prayer; whoever abandons it has committed disbelief.” [Tirmidhi, Nasa’i, Ibn Maja, Ahmad]

– In Shafi‘i Law, deliberately abandoning obligatory prayers is considered a major sin and compromises a person’s uprightness (Adala), thus disqualifying him from serving as a wali.

Hierarchy of Guardianship

If the primary wali (father) is disqualified, guardianship passes to the next eligible male relative in the following order:

– Paternal Grandfather
– Full Brother
– Paternal Uncle
– Paternal Cousin

Given that your brother is a minor and your uncles and grandfather reside abroad, the next in line would be your paternal cousins. If they meet the necessary conditions, one of them can serve as your wali.

Alternative Option

If no suitable male relatives are available or qualified, the responsibility can be transferred to an Islamic judge (qadi) or a knowledgeable and upright Muslim man appointed to act as your wali. This process is known as tahkim. [Nawawi, Al-Majmu‘]

Recommendation

It is strongly recommended to consult a local Shafi‘i scholar or an Islamic authority in your community. They can assess your specific situation and assist in appointing an appropriate wali to ensure the validity of your marriage contract.

Allah (Most High) says: “Do not marry polytheistic women until they believe.” [Quran, 2:221]

And Allah knows best.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Mohammad Abu Bakr Badhib

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.