The brother's guardianship over his sister if her father married her off without her consent
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Question:
The Shaykh, may Allah grant you success, a young man has a sister who is suffering from him. His father wanted to marry her off without her consent to a Muslim man who is ignorant in his religion, and he wants to live, as he says, on the religion of his fathers, which involves bid'ah (religious innovations) that lead to the level of shirk (associating partners with Allah). So she sought help from her brother, who took her and traveled with her against the will of her parents, and he now wants to marry her to a moderate Muslim. The question is: does he have the right to take his sister and travel with her, and does he count as her wali (guardian) in this case?
Answer:
This is a matter for the Sharia court to look into and examine the claim he made to see if it is true or not. So it is necessary to return to the court. Yes.
The Shaykh, may Allah grant you success, a young man has a sister who is suffering from him. His father wanted to marry her off without her consent to a Muslim man who is ignorant in his religion, and he wants to live, as he says, on the religion of his fathers, which involves bid'ah (religious innovations) that lead to the level of shirk (associating partners with Allah). So she sought help from her brother, who took her and traveled with her against the will of her parents, and he now wants to marry her to a moderate Muslim. The question is: does he have the right to take his sister and travel with her, and does he count as her wali (guardian) in this case?
Answer:
This is a matter for the Sharia court to look into and examine the claim he made to see if it is true or not. So it is necessary to return to the court. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/86 شرح زاد المستقنع/ صالح الفوزان — youtube.com (58:28)
The Arabic text is a machine transcription of the audio recording.