A man has a sister who does not cover herself in front of men, and her father is alive. Should he advise her even if it leads to him being thrown out of the house?

The questioner : A man from among our Salafi brothers has a sister who is uncovered, and her parents are alive. He has an older brother. He has advised her many times, but she prays, fasts, reads the Qur'an, and goes to the mosque for Jumu'ah, yet she is immodest and uncovered. Does he bear sin for this? Is he to force her to wear the hijab? And what if doing so leads to him being thrown out of the house?

The Shaykh : The brother is older than her.

The questioner : Yes, older.

The Shaykh : Okay, and do they live together in one house?

The questioner : The brother is older, and her parents are alive.

The Shaykh : No problem, the question is that they live in one house.

The questioner : Yes, yes.

The Shaykh : Okay, and their father is alive, as you said. Is their father religious?

The questioner : Yes.

The Shaykh : Committed.

The questioner : No, not committed.

The Shaykh : Then how do you say he is religious? Yes.

The questioner : Certainly not religious, if his daughter is uncovered, how can he be religious?

The Shaykh : So he is not religious. And he is silent about her?

The questioner : Yes, he is silent.

The Shaykh : Now, from a practical standpoint, is the guardianship (wilayah) over this girl with the father or with this brother who is older than her? If the guardianship is practically with this brother and not with the father, because in many cases some fathers live like this carelessly, not caring about modesty, what is lawful, what is forbidden, do this, don't do that; they only want the world and are psychologically comfortable when they find one of their children taking their place. Even if he did not say to him with his tongue, "You are her guardian," but with his actions it proceeds this way. If the matter regarding this sister and this brother is that he is her practical guardian and not the father, then he is undoubtedly responsible for her. He must order her to wear the jilbab and not go out immodestly. If he leaves her on the pretext that her father does not ask about her, then he is the one responsible.

The questioner : May Allah reward you with good.

Another questioner : Even if the matter leads to him being thrown out of the house, he says.

The Shaykh : In his question, the matter leads to him being thrown out of the house.

The questioner : Yes, it seems he does not have authority over an older brother and his father as well.

The Shaykh : How?

The questioner : Meaning, he has no control in the house.

The Shaykh : He has no control. I have been going around the issue of control. You have not answered me. I said if this brother is in control of her by his actions and his father has not appointed him, then he has no control over her. Why? Because there is an older brother?

The questioner : Yes.

The Shaykh : Okay, this leads us to know the translation of this older brother. What is his translation? Like his father?

The questioner : Yes.

The Shaykh : And in that case, this brother, you say he is religious and committed.

The questioner : Committed, yes.

The Shaykh : How old is he approximately?

The questioner : Approximately twenty-two years old.

The Shaykh : In his life with his sister, does he not order her? Does he not advise her?

The questioner : He said he advised her a lot, but she does not respond.

The Shaykh : She does not respond.

The questioner : She prays and fasts.

The Shaykh : I understood this before. So he orders her and she does not respond.

The questioner : She does not respond.

The Shaykh : Okay, what is the question now?

The questioner : He says, if I force her by force, they will throw me out of the house. So am I sinful if I leave her? How did I present advice to her?

The Shaykh : Fine. If he forces her, first, does forcing help? Does she submit to his force or not? Two matters: If he is convinced in his opinion that if he forces her, she will submit to his force and wear the jilbab, then he must do so, even if it leads to him leaving the house. Are we clear up to here?

The questioner : Clear.

The Shaykh : But there is a continuation to this answer, and this is the ruling, on the condition that he is able to live outside the house. Because we know that many young people today, due to social and economic life, cannot live isolated from their father's house. For example, they lived while studying in some schools to obtain a certificate and get a job. And he has not yet obtained the certificate, nor does he have a profession to live by. How can he live alone? I think the matter is that if they force him, he will fall into severe difficulty. If he is convinced in his opinion that if he orders her, she will respond to him, but he will fall into a problem he cannot bear, then in that case, he does not force her and does not compel her. Is that clear?

The questioner : Clear.

The Shaykh : What happened to you?

The questioner : ... .

The Shaykh : And Glorified are You, O Allah, and with Your praise. I testify that there is no god but You. I seek Your forgiveness and I repent to You.

The questioner : If you would be kind, meaning, a question.

The Shaykh: Yes.