Is it permissible for a Ja'fari father to be the guardian for his daughter, who has converted to the Sunni school of thought, in her marriage contract, or must the guardian be the Imam of the mosque?
It is permissible for a Shiite father to be the guardian (wali) of his daughter in marriage if he has not committed explicit acts of polytheism (), or if he is one of the common folk who blindly follow others out of ignorance. However, if the father is one of the extremist Rafidah who are explicitly engaged in disbelief (kufr), then his guardianship over a Muslim woman is not valid, according to the consensus of scholars. In this case, guardianship transfers to the Muslim ruler (wali al-amr), such as the imam of the mosque, the director of an Islamic center, or a trustworthy righteous man. If the marriage contract was concluded under the guardianship of a Shiite father whose guardianship is invalid, then the contract must be re-concluded under the guardianship of the mosque imam or his representative, and with the presence of two witnesses, to rectify the contract before consummation.
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