A brother taking his sister and marrying her off without her father's permission
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A young man has a younger sister. Her 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, according to the religion of his fathers, which involves religious innovations (bid'ah) that lead to the level of associating partners with Allah (shirk). So she called for help from her brother, who took her and traveled with her against the will of her parents. He now wants to marry her to a moderate Muslim. The question is: Does he have the right to take his sister, travel with her, and marry her off? And is he considered her guardian (wali) in this case?
Answer:
This is a matter for the Sharia court to review and examine the truth of the claim he made: is it true or not? It is obligatory to refer to the court.
He says: Honorable Shaykh, may Allah grant you success. A young man has a younger sister. Her 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, according to the religion of his fathers, which involves religious innovations (bid'ah) that lead to the level of associating partners with Allah (shirk). So she called for help from her brother, who took her and traveled with her against the will of her parents. He now wants to marry her to a moderate Muslim. The question is: Does he have the right to take his sister, travel with her, and marry her off? And is he considered her guardian (wali) in this case?
Answer:
This is a matter for the Sharia court to review and examine the truth of the claim he made: is it true or not? It is obligatory to refer to the court.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 056-باب الحجر - الوكالة - 13-10-23 هـ — archive.org (23:45)
The Arabic text is a machine transcription of the audio recording.