Is it possible to withdraw guardianship from a father who verbally abuses his daughter, neglects his wife and children, and disperses them into tents, especially when there is an employed brother who wishes to unite and care for the family?
The types of guardianship (wilayah) are: guardianship over oneself (wilayah 'ala al-nafs), guardianship over wealth (wilayah 'ala al-mal), and guardianship over marriage (wilayah 'ala al-). Some of these are relinquished upon loss of legal capacity, such as insanity or minority, and guardianship over marriage is relinquished if the guardian prevents the marriage (adhl al-wali). If guardianship is relinquished by the father, it transfers to the next in line, such as the brother.
It is not permissible for the father to favor his other wife and abandon your mother, as this is an injustice, and he should be advised kindly. It is a wife's right to have suitable housing provided by her husband. It is also the children's right to housing from their father, as it is part of their maintenance. If the housing is not suitable, they have the right to demand appropriate housing, even through legal means. If the children fear for themselves residing in the tent, they have the right to move and reside with their brother, because obedience is only due in that which is good and lawful (ma'ruf).
The father incurs sin if he slanders innocent people or falsely accuses them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 131227
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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