trustworthy even in his testimony, so how could he be entrusted with legal authority?! Allah Most High says:
“O you who believe, if a wicked person comes to you with any news, verify it.” [al-Hujurat 49:6]
Thus, an immoral man cannot validly serve as guardian for his daughter, his sister, his brother’s daughter, or the like. However, the jurists have shown some leniency in this matter, saying that apparent uprightness is sufficient. Thus, if this guardian outwardly appears righteous, though inwardly he is not—for example, he smokes in his home—then he is outwardly upright, though not inwardly so, and may validly serve as a guardian.
As for a man who shaves his beard, he cannot validly serve as a guardian, because he is openly and inwardly immoral. Likewise, one who openly deals in usury may not marry off his daughter; nor may a man who has backbitten a Muslim—even once in his life, without repenting—marry her off, because he is immoral and not upright. Similarly, a man who walks through the marketplace while eating food may not marry off his daughter, because he has not observed proper decorum. In earlier times, drinking coffee in the street was likewise considered contrary to proper decorum. Today, however, the opposite is the case: people do this in the streets, and it is no longer regarded as contrary to proper decorum.
In any case, this is the view held by the jurists in this matter: the guardian must be upright. But what are we to do if all of her relatives shave their beards? Who, then, will marry her off?! The judge, or the authorized marriage registrar, will marry her off.
In reality, if we were to apply this ruling, we might find that no more than ten percent of people could marry off their female wards—especially with regard to the seemingly minor yet grave matter of backbiting. One can hardly find anyone free from backbiting. Backbiting—even once