Dought & clear, - Her father and brothers do not pray; can her younger brother act as her guardianin marriage?.

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I live in Canada. I intend to marry a religious girl from France. The problem is her wali (guardian). Her father and brother do not pray at all. What shall I do in order to not embarrass her? The only person who prays sometimes is her younger brother. What should I do? I think this girl is religious and abiding by Islam. Please guide us, may Allah reward you!.
Praise be to Allaah.
Firstly:
In order for the marriage to be valid, the woman’s wali (guardian) or the one who takes his place, such as his deputy, must be involved, because the Prophet(peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Majaah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
And he(peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083), al-Tirmidhi (1102); classed as saheeh by al-Albaani inSaheeh al-Jaami’no. 2709.
Secondly:
If the woman is a Muslim, then is essential that her wali should also be a Muslim, according to scholarly consensus.
Ibn Qudaamah said: As for the kaafir, he cannot be the wali of a Muslim woman under any circumstances, according to the consensus of the scholars, including Maalik, al-Shaafa’i, Abu ‘Ubayd and ashaab al-ra’y. Ibn al-Mundhir said: All of the scholars from whom we acquired knowledge are unanimously agreed upon that. End quote fromal-Mughni(9/377).
Thirdly:
If a person does not pray because he denies that it is obligatory, then he is a kaafir according to scholarly consensus. If he does not pray because he is lazy and heedless, then the scholars differed as to whether he is a kaafir or not, but the correct view as indicated by the texts of the Qur’aan and Sunnah and the views of the Sahaabah is that he is a kaafir. See the answer to question no. 5208.
Based on this, the one who does not pray is not permitted to act as the wali or guardian in the marriage of a Muslim woman.
Based on this, guardianship passes to the next closest relative (after the father), namely the grandfather. If there is no grandfather or if he is not fit to act as the wali, then it passes to her brothers. If the youngest of them is the one who prays , then guardianship passes to him if he is grown up, otherwise it passes to those who come after him, such as brothers’ sons, then paternal uncles, then their sons, then to the sharee’ah judge if there is one. See the answer to question no. 48992.
In order to avoid hardship in this case, her brother or one who is fit to act as her wali – as discussed above – could do the marriage contract for you in the presence of two witnesses of good character, and this will be the valid marriage contract. As for the marriage contract done by her father, it will not be valid, but there is nothing wrong with you doing it with him, so as to avoid embarrassment and ward off problems, whilst striving to call him to pray regularly.
We ask Allaah to help and guide you.
And Allaah knows best.

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Dought & clear, - Who is the guardian for marriage if there isno father?.

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I married a woman from an Islamic country, I divorced her twice. We had an ‘urfi marriage, customary marriage that is not lawfully registered. Her wali was a sheikh her father entrusted. Her father died some time ago, and all her brothers are younger than her. I do not know her wali. I want her to be my wife again, after two years apart as result of divorce. Does she have to have a wali for our marriage to take place, knowing that her father has passed away and all her brothers are younger than her? Is it correct Islamically if I marry her without wali attending, especially that she was my wife before?.
Praise be to Allaah.
If a man divorces his wife and the ‘iddah ends, then she is not permissible for him unless there is a new marriage contract, and the wali is one of the conditions of the marriage contract being valid, so marriage is not valid without a wali.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(7/5): Marriage is not valid without a wali, and a woman cannot do the marriage contract for herself or for anyone else, or appoint anyone other than her wali to do her marriage. If she does that, the marriage is not valid. End quote.
The evidence for that is the words of the Prophet(peace and blessings of Allaah be upon him): “There is no marriage except with a wali.” Narrated by Abu Dawood (2085) and al-Tirmidhi (1101); classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
As you divorced this woman two years ago, her ‘iddah is over, and after the ‘iddah ends, the ex-husband is a stranger to her like all other men. So she is not permissible to you except with a new marriage contract, and it essential that her wali do this marriage contract, or her wali appoint someone to do the marriage contract with her for you.
If there is no father, then the grandfather is the wali. If there is no grandfather then her brothers are her walis, and it is does not matter if they are younger than her, but it is essential that the wali be an adult. If one of her brothers is an adult then he is her wali, even if he is younger than her.
It says inFataawa al-Lajnah al-Daa’imah(18/147):
No one can act as a wali for a woman’s marriage contract except one who is an adult of sound mind. If there is no such person then the qaadi (judge) is the wali, because the ruler is the wali of the one who has no wali, and the qaadi is his deputy in such matters. Adulthood is achieved when a person emits maniy with desire, whether as the result of a wet dream or otherwise, or when hair grows around the private part, or when one reaches the age of fifteen. The one who is of sound mind is the one who handles matters well, by seeking a compatible suitor who is appropriate for the female under his care. End quote.
If all her brothers are minors, and none of them is an adult, then the role of wali passes to those who come next, namely the paternal uncles. If there are no paternal uncles then it passes to the sons of the paternal uncles (cousins).
If none of these walis are present, then the shar’i judge should act as wali for her marriage, because the Prophet(peace and blessings of Allaah be upon him) said: “If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Based on that, if you want to marry this woman and she does not have any wali, then you must refer to the shar’i qaadi in the court so that he may act as the wali for her marriage.
Note: You say that your first marriage was done without any official registration. Even though it is valid if it meets all the conditions – because it is not a condition of a marriage contract being valid that it be registered officially – we should point out that it is important to register marriages, and we advise people not to take this matter lightly, so as to protect people’s rights and so that foolish men and women will not toy with the matter of marriage contracts.
And Allaah knows best.

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For children, - Hatred in Islam, Diseases of the Soul, Islam and Hate, Human Vices, Hatred (Nafrat)

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In the time of a caliph, a rich man bought a slave whom he treated, from the beginning, like a gentleman, giving him the best of food and clothes, and money exactly like his own child or even more lavishly. But the slave noticed that his master always felt uneasy.
Eventually the rich man made up his mind to set him free and provide him with some capital. One night as they were sitting together, the master said: "Do you know why I have treated you so well?" The slave asked the reason. The master said: "I have one request to make which if you fulfill, you would enjoy all I have given and will give you! But if you refuse, I will be discontented with you." The slave said: "I will obey whatever you ask. You are my benefactor who has given me my life." The master said: "You must promise me in good faith to do it, for I am afraid you may refuse it."
The slave said: "I promise to do what you want." The master said: "My proposal is that you must behead me at a specific time and place." The slave exclaimed: "What? How can I do that?" The master said: "That is what I desire." The slave said: "That is impossible." The master said: "I have got your promise. You must do it."
One midnight, he awakened the slave and gave him a sharp knife and a bag full of money and climbed up a neighbor's roof, and told the slave to behead him there and then go wherever he liked. The slave asked the reason for such an act. The rich man answered: "I hate this one man and prefer death to seeing his face. We have been rivals but he, my neighbor has gone ahead of me and excels me in everything, and I am burning with hatred. I desire my neighbor to be jailed for this fake murder and this idea is a relief to me. Everyone knows him to be my rival, and so my neighbor will be condemned to death for this act." The slave said: You seem to be a foolish man and deserve this death."
So he beheaded the rich man and ran away, His rival neighbor was consequently arrested and imprisoned, but no one believed that he would have killed his rival on his own roof. It had become a mystery. At last, the slave felt a prick of conscience, went to the authorities and confessed the truth. When they understood the matter, they freed both the slave and the neighbor.
This is a fact that Hate is a disease of the soul. The Noble Qur'an says in Chapter "The Sun" (Shams 91:9-10). "He will indeed be successful who purifies it, and he will indeed fail who corrupts it." Thus, the first proposal of the Noble Qur'an is purification of the self from ailments, complexes, ignorance, deviations and metamorphoses.
You could have heard that in the past there were people who, because of excess of sins, were cursed by the Prophets of their time and were thus metamorphosed, that is, they were transformed into animals such as a monkey, a wolf, a bear etc.
Someone said: "We had made a pilgrimage to Makkah along with Imam Sajjad (as)and when we looked down at the Desert of Arafat it was full of Hajis (pilgrims). There were so many of them that year. The Imam Sajjad said: "There is much uproar, but few are true Hajis (pilgrims)." The man says: "I don't know how Imam Sajjad gave me the insight, but when Imam Sajjad asked me to look down again, I saw a desert full of animals, like that in a zoo, among whom a few human beings were moving about." The Imam Sajjad told him how things looked to those who had a clear sight and were concerned with the inward concept of things.

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