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The question

When does the guardianship of marriage transfer from the father who refuses to marry off his daughter to her underage brother?

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

The guardian's conditions are six: intellect, puberty, freedom, male gender, unity of religion, and رشْد (sound judgment, meaning the ability to discern a suitable match and the interests of marriage). If the closest guardian withholds his ward [from marriage], the guardianship transfers to the more distant guardian, because the closest, by his withholding, becomes as if non-existent. Guardianship does not transfer to the ruler as long as a guardian exists, due to the hadith: "The ruler is the guardian of one who has no guardian." However, to resolve disputes, guardianship transfers to the more distant guardian through the ruler. If he fulfills the conditions, he then assumes responsibility for the marriage.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
36156
Imported
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Source text, unreviewed
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