The Ruling on One Who Does Not Treat His Children Equally in Gifts and Prevents His Daughters from Marrying

Question:
Her other question says: My father is among the wealthy, possessing money and real estate. He has sons and daughters, namely me and my sister. However, he does not treat us equally in his gifts. He gives the sons money and real estate without any compensation. To get rid of our demands, he registers fake sales contracts between them. If we press our claim, he threatens to give them whatever remains and deprive us of everything.
It is known that he prays, fasts, and reads the Qur'an. When we tell him, "This is forbidden for you," he mocks us and makes fun of us. Moreover, my second sister was caused to be divorced from her husband thirty years ago, and he refused to marry her off again until she is now fifty years old. Despite this, he does not provide for her. My brothers sometimes show her kindness and give her money, and other times they drive her away due to my father's influence over them. He has planted hatred in their hearts toward us. In addition to the custom in our family of not marrying a girl off except to her cousin, no matter who he is, what is your opinion on this? And what do you advise this father of ours?

Answer:
First: It is obligatory for a man to fear Allah regarding his children and to be just among them in giving gifts. He has no right to be unjust or oppressive; rather, he must be just among them in giving, giving the male twice the share of the female, as in inheritance. This is the correct position, based on the saying of the Prophet (peace and blessings be upon him): And when Bashir ibn Sa'd al-Ansari (may Allah be pleased with him) came to him, having given his son Nu'man a slave, the Prophet (peace and blessings be upon him) said to him: He said: No. He said: And when he asked him to bear witness to it, he said: This indicates that giving preference to some children over others, or giving to some and leaving out others, is injustice and oppression. This is the correct position among the statements of the scholars, as indicated by the noble hadith.
Therefore, it is obligatory for your father to fear Allah and to be just with his children. If he does not act justly, it is obligatory for the judicial authority to compel him to be just and to annul the gifts that involve injustice and oppression. If they are in the form of sales that have no reality, he should invalidate these invalid sales if it is established before the judge that they are a ruse. A sale made through a ruse is invalid, unjust, and oppressive. Allah, Glorified and Exalted is He, has obligated fathers and mothers to be just with their children, not to be unjust, and to strive to be equal in their kindness toward them.
Likewise, a father does not have the right to prevent his daughters from marrying. Rather, he must help in their marriage. It is not permissible for him to force her to marry her cousin. Rather, if a suitable suitor comes from among her cousins or others, it is obligatory for the guardian to marry her off, whether the guardian is her father or someone else. This is the obligation. It came in the hadith: And Allah, (Exalted and Majestic is He), said: [al-Baqarah: 232] He forbade the guardians from preventing marriage. If a father prevents marriage, his guardianship is removed, and it becomes permissible for the judge to appoint another from the remaining residuary heirs, the closest then the next closest.
The point is: If your father's actions are as you described, he has done wrong and disobeyed his Lord. He must repent to Allah, be just among his children, and return the invalid contracts that he used as a ruse and called sales, when they are not sales but rather gifts. If the judicial authority learns of this with evidence, he must invalidate the contracts, return the unjust gifts, and compel him to equalize among his children.
The judge must also compel him to marry off the daughter whom a suitable suitor has proposed to. The judge must compel him to marry her off, or remove him from this matter, rule that he has prevented marriage, and allow the closest residuary heir after the father to marry her off. This is the obligation of the guardians and the judges of the Shari'ah in treating these issues. We ask Allah for guidance for everyone. Yes.

The presenter: May Allah reward you.