A brother of mine, younger than me, told me that I have a sister of marriageable age. While I was away from the country seeking a livelihood, a suitor came forward for my sister, and my brother agreed to him.
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The questioner : A brother of mine, younger than me, told me that I have a sister of marriageable age. While I was away from the country seeking a livelihood, a suitor came forward for my sister, and my younger brother agreed to him and contracted her marriage to him without my permission or consulting me. Is that permissible for him?
The Shaykh : Yes, it is permissible for him to do so, provided he is an adult, sane, and prudent, and knows a suitable match from others, and your sister has agreed to it. This is as long as he is her brother, equal to you in being a full brother, or you are a brother on the father’s side and he is a brother on the father’s side. However, if you are the full brother and he is the brother on the father’s side, then the right belongs to you over him, and you are the guardian by Shari'ah. But if he is the full brother and you are the brother on the father’s side, then the right belongs to him over you. However, if you are both equal, whether both are full brothers to this girl or both are brothers on the father’s side to this girl, then whichever of you takes charge of her marriage, his contract is valid, provided he is an adult, sane, and prudent, and the woman has consented to him. There is no blame on him in that either.
The questioner : So the right does not belong to the older one in age?
The Shaykh : The right does not...
The questioner : Does he not have priority?
The Shaykh : Yes, he does not have priority, but from the standpoint of propriety, he should be consulted, because he is usually more knowledgeable and aware of people and their circumstances.
The questioner : Yes.
The Shaykh : Otherwise, the younger one might be better than him.
The questioner : Yes, but if it is known or reported about this younger brother that he is poor in conduct and may not choose a righteous husband for her?
The Shaykh : That comes back to him lacking integrity.
The questioner : Yes.
The Shaykh : If he lacks integrity, and it is apparent that he is not just, then it is not valid for him to be a guardian.
The questioner : Yes.
The Shaykh : In that case, it is obligatory that this matter be looked into by the court.
The questioner : Yes.
The Shaykh : Yes, it is permissible for him to do so, provided he is an adult, sane, and prudent, and knows a suitable match from others, and your sister has agreed to it. This is as long as he is her brother, equal to you in being a full brother, or you are a brother on the father’s side and he is a brother on the father’s side. However, if you are the full brother and he is the brother on the father’s side, then the right belongs to you over him, and you are the guardian by Shari'ah. But if he is the full brother and you are the brother on the father’s side, then the right belongs to him over you. However, if you are both equal, whether both are full brothers to this girl or both are brothers on the father’s side to this girl, then whichever of you takes charge of her marriage, his contract is valid, provided he is an adult, sane, and prudent, and the woman has consented to him. There is no blame on him in that either.
The questioner : So the right does not belong to the older one in age?
The Shaykh : The right does not...
The questioner : Does he not have priority?
The Shaykh : Yes, he does not have priority, but from the standpoint of propriety, he should be consulted, because he is usually more knowledgeable and aware of people and their circumstances.
The questioner : Yes.
The Shaykh : Otherwise, the younger one might be better than him.
The questioner : Yes, but if it is known or reported about this younger brother that he is poor in conduct and may not choose a righteous husband for her?
The Shaykh : That comes back to him lacking integrity.
The questioner : Yes.
The Shaykh : If he lacks integrity, and it is apparent that he is not just, then it is not valid for him to be a guardian.
The questioner : Yes.
The Shaykh : In that case, it is obligatory that this matter be looked into by the court.
The questioner : Yes.