- Primary Responsibility and Guardianship: The primary responsibility and guardianship lie with the head of the family, typically the father, over his minor children until they reach maturity and over his daughters until they marry. The Ḥanafī school of thought adds that this responsibility continues until either marriage or the attainment of independent judgment according to customary standards.
- In the Absence of the Father: If the father is deceased, absent, or incapacitated, the guardianship passes to the grandfather, or to a legal guardian, and then to the brothers in order of seniority. Just as the brothers have the right of guardianship over the person and their wealth, they also bear financial responsibility for the one under their care.
- Unmarried Sister’s Support: An unmarried sister’s financial support falls on her brothers if the father is absent because Allāh has given them a larger share in inheritance, which comes with greater responsibility in guardianship. The rule is that the benefit and burden go together (al-ghunm bi-al-ghurm): whoever gains a benefit must also bear the associated costs. For example, the cost of maintaining a borrowed item falls on the borrower, not the lender, because the borrower derives benefit from it.
- Legal Rulings on Guardianship: The jurists (fuqahā᾽) have determined that guardianship can pertain both to the person and to wealth. The reasons for personal guardianship include minority, insanity or conditions akin to it, such as senility and foolishness, and femininity. The reasons for guardianship over wealth include minority, insanity, and similar conditions.
- Individual vs. Collective Guardianship: Guardianship can be individual or collective. If the father is deceased, the responsibility transfers to the grandfather if he is available; otherwise, it goes to the mature male brothers if they exist. The burden of covering basic living expenses falls on them collectively, whether for their minor brothers, unmarried sisters, or any siblings suffering from insanity. The division of this responsibility should be equal in religious terms or based on financial ability as determined by a judge.
Conclusion: Therefore, the responsibility for the care and financial support of the mentally disturbed brother lies with his mature male siblings, wherever they may be.
Fatwā issued by Dr. Khālid Naṣr
