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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #1550 : TANGGUNGJAWAB ABANG KEPADA ADIK PEREMPUANNYA SEBAGAI WALI

How far does a brother's responsibility as guardian (wali) extend toward his working younger sister after their father's death, and until when?

Short answer

When the father dies, guardianship over the sister's person passes along the established order, and a full or paternal brother holds it if there is no father or grandfather.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

When the father dies, guardianship over the sister's person passes along the established order, and a full or paternal brother holds it if there is no father or grandfather. A woman's guardianship continues until she marries. The brother should watch over and protect her from harm, for example by not letting her live alone in a place not known to be safe and by ensuring her social interactions are limited and within Islamic rules. He is not obliged to provide maintenance if she works and can support herself, and a guardian has no right to manage the property of someone under his care who has reached puberty.

Written in our own words from the original fatwa — check the source before acting on it.

Namun begitu, hak wali ke atas seorang wanita berterusan sehingga wanita itu berkahwin.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #1550 : TANGGUNGJAWAB ABANG KEPADA ADIK PEREMPUANNYA SEBAGAI WALI”, 21 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4037-al-kafi-1550-tanggungjawab-abang-kepada-adik-perempuannya-sebagai-wali. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/brother-guardian-responsibility-toward-younger-sister/

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Evidence cited

Quran verses

  • An-Nisa' 4:6
  • At-Tahrim 66:6

Books

  • al-Fiqh al-Islami wa Adillatuh (Wahbah al-Zuhaili)
  • al-Fiqh al-Manhaji
  • Mughni al-Muhtaj (al-Khatib al-Syirbini)