Is a brother who raped his sister qualified to act as her marriage guardian, and may she refuse him as her guardian?

Summary

A guardian (wali) is a pillar of marriage, and one of his conditions is that he is not a fasiq. In general, a fasiq guardian may not marry off his sister, so guardianship passes to another guardian in the prescribed order. Some later scholars, including Imam al-Ghazali, hold that the marriage is valid if the guardian has repented with a repentance that meets its conditions. If the sister does not want her brother as guardian, it is advised to first look to her other brothers, and failing that to refer to the marriage section of the Islamic Religious Department, as the court decides whether the guardianship may pass to another.

Written in our own words from the original fatwa — check the source before acting on it.