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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Guardianship of an Older Brother over His Sister

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Question:
We conclude this episode, may Allah preserve you, with this question. The questioner, Abu Khalid, says: I would like to ask you and seek your advice, Honorable Shaykh, regarding the ruling on an older brother having authority over his sister. The father is still alive, but he has been cutting them off for years; he does not visit them or look after them, and he refuses everyone who proposes to marry my sisters, even though the suitors are known for their religion and good character. What is the solution to this problem? May Allah bless you.

Answer:
Guardianship in marriage is ordered, with the father taking precedence, then the grandfather, and so on. Guardianship does not transfer from a person to the one after him except by the permission of the judge. So if her father, as you mentioned, refuses to marry her to suitable men whom she has accepted, he is one who withholds marriage. They go to the judge to transfer the guardianship from him to the one after him for the benefit of the girl and to remove the injustice from her. Yes.
Source نور على الدرب - الفوزان - 02/224 — archive.org (14:00)

The Arabic text is a machine transcription of the audio recording.

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