When will a mahram be disqualified from acting as the Wali of his daughter for the purpose of marriage?

Answer

According to the Hanafi Math-hab, while the consent of the Wali for marriage is Waajib (compulsory), the validity of the Nikah is not reliant on his consent. If the girl marries herself without the Wali's consent, then despite the major sin she commits, the Nikah will be valid. But according to the other three Math -habs, the Nikah will not be valid.

She will be sinful if she has no valid reason for overriding the Wali and not gaining his permission. However, when her first Wali is a disqualified faasiq, she should seek the permission of the next Wali, e.g. grandfather, paternal uncle.

A mahram is disqualified if he flagrantly indulges in fisq and fujoor. For example. he is a modernist who denies the Shariah's laws of Hijaab, shaves his beard, abstains from Jamaat Salaat, etc. Furthermore, a faasiq wali is not a valid mahram along a journey for even his daughter and wife. A man who rejects purdah or who is unconcerned if his wife is exposed to men, is a dayyooth villain. It is not permissible for a wife, daughter, sister, etc. to be on a journey with him. He does not fulfil the Shariah's criteria for being a mahram.

A father who allows his daughter to study at an 'educational' brothel such as a university, is disqualified. The daughter does not need his permission when marrying. Such fussaaq/fujjaar fathers turn a blind eye on the zina relationship which their daughters strike up with even kuffaar males at university. But when the Hindu or Christian boy embraces Islam in order to marry the girl with whom he was conducting a zina relationship, then the parents flare into rage, decry the daughter and refuse consent. The girl in this scenario should know that she is not in need of the consent of her evil, faasiq, faajir parents. She should proceed to halaalize the relationship with Nikah. While zina is tolerable for her parents, Nikah is not.