My wife has two brothers; the older one is her paternal half-brother, and the younger one is her full brother. Which of them is considered the legal guardian?
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The questioner : My wife has two brothers: the older of them is her paternal half-brother, and the second is her full brother. Which of them is considered the legal guardian?
The Shaykh : The legal guardian is her full brother, because he has a stronger bond with her than her paternal half-brother, as he has two causes of kinship in his right: motherhood and fatherhood.
As for the second, he has only one cause of kinship. However, if it happens that her full brother is not qualified for guardianship, whether due to his foolishness, deficiency in intellect, or his stubbornness in seeking what benefits this sister, then his guardianship falls to the one who is more entitled to her guardianship than her brothers.
The questioner : May Allah bless you.
The Shaykh : The legal guardian is her full brother, because he has a stronger bond with her than her paternal half-brother, as he has two causes of kinship in his right: motherhood and fatherhood.
As for the second, he has only one cause of kinship. However, if it happens that her full brother is not qualified for guardianship, whether due to his foolishness, deficiency in intellect, or his stubbornness in seeking what benefits this sister, then his guardianship falls to the one who is more entitled to her guardianship than her brothers.
The questioner : May Allah bless you.