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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for brothers to intervene to have the father's guardianship removed by the judge if the father is being stubborn and preventing his daughters from marrying on the basis of non-Shari'ah arguments?

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The questioner : May Allah reward the honorableThe Shaykh : Is it permissible for brothers to intervene to have the father's guardianship removed by the judge if the father is being stubborn and preventing his daughters from marrying on the basis of non-Shari'ah arguments, even though this may lead to estrangement and problems? We are between two fires: the fire of our desire for our sisters to marry, and the fire of this father's tyranny and the estrangement that follows. Guide us. There may also be other circumstances that prevent us from taking this issue to the court?

The Shaykh : Yes. There is no doubt that if the father is stubborn and prevents his daughters from marrying suitable men, it is a good deed that brings reward for the brothers or the paternal uncles (who are the father's brothers) to intervene in the matter. They should say: "Either you marry this suitor, or we will marry her to him." They have the right to do so. This is undoubtedly an act of dutifulness toward their father and maintaining family ties with their sisters. As for it being dutifulness toward the father, it is because they are preventing him from injustice. The Prophet (peace and blessings be upon him) said:
Support your brother, whether he is wrongdoer or wronged. They said: O Messenger of Allah, how do we support the wrongdoer? He said: By preventing him from injustice. انصر أخاك ظالما أو مظلوما. قالوا : يا رسول الله هذا المظلوم كيف ننصر الظالم؟ قال : تمنعه من الظلم
. Therefore, marrying them off prevents the father from injustice. Is preventing him an act of supporting him or not? And is supporting the father an act of dutifulness or undutifulness? It is dutifulness. Therefore, I say that these brothers have a reward and merit for their kindness to their sisters and to their father as well. If what was mentioned in the question occurs, and if estrangement happens, who is the sinner in this estrangement? The father is the sinner. The children are not sinful. Rather, the sin is upon the father. He is the wrongdoer, he is the wrongdoer, he is the one who severs family ties. So I say to these brothers: Seek help from Allah, and say to your father: "Either you marry our sisters to these suitable suitors, or we will marry them to them." If they go to the judge, the judge will act; either he will bring the father and advise and counsel him, and the matter will be resolved there. Or he will say: "Remove your hand [from the guardianship], and let their brothers marry these women." Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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