Her Father Has No Deen, Her Brother Prays Only Jumuah, Who Is her Walee for Marriage?

Shaikh al-Fawzaan was asked regarding a sister in France:

There is a sister in France who a brother wishes to marry. However her father has no religion, and her brother only prays the Jumu’ah prayers?

The Shaikh answered:

Is she a Muslim? Is she practising? If she is a Muslim and practising her religion, then her walee (guardian) is the [Muslim] ruler. He is her guardian who marries her off, or the judge in a court. And if she lives in a non-Muslim country, then it is the head of an Islamic Centre, he marries her off if she desires [to marry] that man.

Source:

Dated 04-04-1435H Fathul-Majeed Class, followed by questions.