Who is the guardian (wali) of a female student residing in Europe: is it her full brother or her elder paternal half-brother? Is it permissible for her to marry the brother of her sister's husband despite her fear of potential problems? Is she entitled to determine and facilitate her dowry? Is it her right to stipulate that the suitor be a memorizer of the Qur’an?
A full brother takes precedence over a paternal half-brother in the guardianship for marriage (wilayat al-). The fact that the paternal half-brother is older does not give him precedence. There is no religious impediment to marrying the brother of one's sister's husband if he is religious and of good character. One should investigate, inquire, and perform istikhara (prayer for guidance). The mahr (dowry) is a right exclusively for the wife, and she may reduce it. With a small mahr, Allah may bless the marriage. Psychological introversion can be overcome by seeking Allah's help and striving to live with the husband, for "whoever tries to be patient, Allah will make him patient."
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- Original fatwa ID
- 160920
- Imported
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