Does a brother have guardianship over his virgin, sane, adult sister after the death of her father and grandfather? Are there similar incidents to this in the Prophetic Sunnah or during the era of the Companions? What is the legal order of guardianship for a daughter? And is a previously married woman (thayyib) entitled to marry herself off without the guardian's approval?

First: Guardianship (wilayah) is the care of a minor's affairs and includes guardianship over the person (upbringing, education, marriage) and guardianship over property. The reasons for guardianship over the person are three: minority, insanity, and femaleness. The different schools of thought vary on the duration of a family's guardianship over a female. Some make it last even after puberty and marriage, while others terminate it at puberty.

Second: The eldest brother is a guardian over his sisters after the death of the father and grandfather, according to the majority of jurists. Guardianship over property means overseeing a minor's financial affairs and is specific to minors and those who cannot manage their own wealth properly. If the sister reaches maturity and is of sound judgment, her wealth must be handed over to her. The guardian must be an adult and of sound mind. Guardianship over the person transfers from the father to the grandfather then to the brother. As for guardianship over property, the opinions of jurists differ regarding the order of its guardians, and some scholars have stated that the mother can be a guardian over property in certain cases.

Third: It is established that the Companion Ma'qil ibn Yasar (may Allah be pleased with him) married off his sister, and Allah Almighty revealed the verse (do not prevent them) when he refused to marry her off to her former husband. This indicates the consideration of the guardian in marriage.

Fourth: It is not permissible for a woman to marry herself off; rather, her guardian must marry her off. This is the view of the majority of scholars, and no disagreement on this matter was known among the Companions.