ANSWER:

Father will remain the wali even if he does not stay with them. If he is labeled kafir by a sharia court or two witnesses testify that he has left the fold of Islam, only then her brother can be her Wali and guardian. The father can authorize his son or anyone else to become her Wali. 

 

Cañ a father has the right over his son to give his sister out. This father left them both and with their mother when they were toddlers. Hasnt seen them in 25years Hasnt done any father dutý and doesnt pray salah or follow teachings of islam but his son and brother of the sister does follows

Fiqh of Marriage, Mahram |