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The question

What is the ruling on an uncle and brother beating his niece/sister's daughter because of her desire to complete her education, and is it permissible for the judge to appoint a guardian for her other than her uncle if someone is found to care for her?

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

If studying is permissible and free from harms, then it is not right to prevent a girl from it. The paternal uncle or brother does not have the right to hit a girl, for the authority of discipline is established for the Imam and his deputies, and for the specific guardian (father, grandfather, guardian), and for the teacher with the guardian's permission, and for the husband over his wife concerning marital rights. No one else has the authority of discipline, according to the majority of jurists. The brother has the authority of marriage, and he, the paternal uncle, and the 'asabah (male agnates) have the right to prevent a woman from corruption, such as going out unveiled or living alone, but without hitting or inflicting harm.

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Where this answer came from
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Ftawy
Original fatwa ID
4311
Imported
Translation status
Source text, unreviewed
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