Question:
If the father of a Muslim girl is deceased, who becomes her guardian?
Answered by the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
The girl’s father is her guardian if he is alive unless he is proven unfit on grounds of insanity, unbelief, gross immorality, or malicious intent by a Muslim judge in an Islamic court or other presiding Islamic authority in the locality.
In such cases, his guardianship is revoked and the next closest male Muslim relative will become her guardian. That guardian, in turn, remains her guardian until he is also proven unfit on grounds of insanity, unbelief, gross immorality, or malicious intent by a Muslim judge in an Islamic court or other presiding Islamic authority in the locality.
If and when the girl has no valid guardian from her family, then that presiding Muslim authority will take direct control of her affairs and act in the capacity of her guardian.
The order of preference for guardians is fixed and is as follows:
1. The father.
2. The paternal grandfather, then her paternal great grandfather, then her paternal great-great grandfather…
3. The woman’s mature sons in order of seniority.
4. The mature sons of the woman’s sons in order of seniority.
5. He full brothers in order of seniority.
6. Her paternal half-brothers in order of seniority.
7. The sons of her brothers in order of seniority and then their sons and then their sons…
8. Her paternal uncles in order of seniority.
9. The sons of her paternal uncles and then their sons and then their sons…
10. Her father’s paternal uncles.
11. The Muslim ruler or presiding Muslim authority in the locality who deals with such issues.
And Allah knows best. [
SOURCE]