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The question

Is the guardianship of an undutiful father who does not provide for his children, care for them, or inquire about them, and who is an addict and spends his money on his addiction, forfeited, especially when he seeks to control his daughter's marriage approval to hinder her life? Is it permissible for her older brother to be her guardian, given the absence of an uncle or grandfather? And is the marriage valid without his consent?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A father must spend on his wife and young children who have no wealth. His negligence in this is a sin, and he is responsible for his flock. A father's abuse of his daughter and his failure to fulfill her rights do not invalidate his guardianship over her in marriage. His immorality through addiction does not invalidate his guardianship, and she is not permitted to marry under the guardianship of a more distant relative while he is present.

If the guardian prevents his ward from marrying a suitable person and his obstruction is proven, his guardianship is revoked and transfers to a more distant relative. If the latter does not arrange her marriage, she should refer her case to the Sharia court.

A father's abuse does not absolve his children from showing him piety. They should strive for his guidance and reform through supplication and advice.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
177747
Imported
Translation status
Source text, unreviewed
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