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Thursday, August 15, 2013

Fathwa, - Responsibilities regarding womenfolk

Question:
As salaam alaikum,
Shaykh, my question isregarding sisters. If one's sister is not
married and, due to her fussy nature, seems unlikely to marry in the
near future, does the responsibility of her welfare lie upon the
father's shoulders? Taking into consideration the fact that she is in
her mid 30's and her father is in his mid 60's. She works and
socializes as she wishes, but she is punctual regarding Salaah etc.
And I know for certain she only socialises with fellow Muslimahs. The
fact that she has refused allproposals given, does this make my father
sinful and will the sin in-turn fall upon me her younger brother (but
the eldest of two brothers). Also, I intend to study abroad, would the
responsibility of my sister fall upon my head if my father was to pass
away, taking into consideration the independent nature of women (my
sister most definitely included) in the West. For example I am almost
certain she would not travel abroad with me, and I probably wouldn't
be able to afford it (myself being married).
Shaykh, sorry for the awkward way I have written my question, it's
more a query needing advice than a formal question. Anyhow, thanks for
taking the time to consider and hopefullyprovide a solution to my
situation.
Answer:
In the Name of Allah, the Gracious, the Merciful.
Dear Brother,
1. Refusing marriage:
Your sister's refusal to get married is not a sin. Your father is also
not responsible if his daughter refuses to get married. You also do
not incur any sin if your sister keeps refusing marriage. That is her
prerogative.
2. According to a previous answer by Shaykh Muhammad ibn Adam
al-Kawthari, your father is generally required to support his grown
daughter, provided he is able and she is in need of support.However,
he may ask his daughter to assist in her maintenance, although he may
not ask her to work outside the home. Please visit Fiqh of
financially supporting one's parents and other relatives.
3. If your father passes away, you will be required to support
yoursister only if you are ableand she is poor and unmarried. Your
first priority is supporting your wife and children. After that, if
you are able, then you should provide for your sister if she is
unmarried. Once again, you may ask her to help out, but you cannot
demand that she work outside the home.
Last but not least, it's best to come to some sort of arrangement that
is beneficial to everyone.If your sister has no problem with working,
then it may be advisable for her to contribute to her upkeep,
especially if your father is getting along in years. In fact, if your
father is himself in need of support, then both you and your sister
must support him, regardless of her marital status.
I pray this helps.
And Allah knows best.

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