Who is the guardian of the divorced sister: the mother or the elder brother? What are the limits of his guardianship, and is it permissible for the divorced sister to marry herself off?
Special guardianship is of two types: guardianship over property (for a minor and an adult who is not of sound judgment), and guardianship over the person (due to minority, insanity, and femininity). Guardianship over a sane, adult woman is limited to guardianship for marriage, and the husband's disciplinary guardianship. A woman is not permitted to marry herself off; rather, her guardian or his representative marries her off. Guardianship over a minor (custody) ends when a woman reaches maturity and sound judgment, but she does not become independent; rather, her guardian continues to care for her until she marries. If she is divorced, she is not permitted to live independently. If a woman has no father, grandfather, or adult son, guardianship falls to her eldest brother. It is the guardian's duty to prevent his adult sister from engaging in reprehensible acts and anything that causes suspicion, and he is responsible for marrying her off. It is forbidden for him to prevent her from marrying a suitable man whom she desires.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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