Question :
My 26 year old brother is currently involved in the marriage process with a girl (who is a muslim). The mother of this girl happens to be Christian and she(the girl) also happens to be a child of adultery (zina). Although her father claims to be Muslim he’s involves himself in acts of polytheism ( shirk) and we are not exactly clear as to whether or not he is excused due to ignorance .It is noteworthy that the girl does have a brother who is a Muslim from her mother’s side. How should the marriage (nikkah) process proceed from here?
Answer :
Shaykh Abdullah Iryaani (May Allah preserve him) replied,
First, It is necessary for us to establish what type of disbelief (kufr) that the father has fallen into and then he should be advised to leave off these acts and return to the the truth. If it is established that his acts of disbelief are the type that exit one from the fold of Islam (major disbelief/kufr) and he persists upon this falsehood then the guardianship is to be removed from him into the hands of a Muslim judge.
And Finally, as far as the brother is concerned, he has no deciding role in the marriage process due to the fact that he is from the mother’s side of the family.
Answered by : Shaykh Abdullah Iryaani (May Allah preserve him)
Edited by Ausama Ibn Salem Elhuzayel