Hanafi Madhhab

The Hanafi madhhab give a conditional permission. A woman may live away from her parents if she is older, has sound judgement, and there is no fear for her safety, religion, honour, or conduct. In that case, the father’s guardianship over her person ends, and she may live where she wishes.

However, if she is still young, even after puberty, her father may keep her with him, even if he does not fear corruption for her. If the father is absent, the brother or paternal uncle may take that role, as long as there is no fear for her from them. If there is fear from them, she is placed with a trustworthy woman by the judge.

For a previously married woman, her father does not keep her with him unless she is not trusted with herself. In that case, the father or grandfather may keep her with them for protection.

Maliki Madhhab

The Maliki madhhab is stricter regarding a woman living alone before marriage.

For women custody and guardianship over her person continue until she gets married and the husband consummates the marriage with her.

Shafiʿi Madhhab

The Shafiʿi madhhab say that guardianship over the minor, whether male or female, ends as soon as the person reaches puberty.

Based on this, once a woman reaches puberty, guardianship over her person ends.

Hanbali Madhhab

The Hanbali madhhab is the strictest in this matter, they say a woman, should not live alone, and her father may stop her from doing so. The reason given is fear that someone may enter upon her, corrupt her, and bring disgrace upon her and her family. If she has no father, then her wali and family may stop her from living alone.

Translated Passage From Al Mawsuʿah Al Fiqhiyyah

According to the Hanafi Madhhab

According to the Hanafi madhhab, guardianship over the person, with regard to the guardianship of marriage for a free woman, ends when she becomes legally responsible, meaning when she reaches puberty and has sound mind. Therefore, the marriage of a free, legally responsible woman is valid without the approval of a wali, and the rulings that follow from marriage, such as divorce, inheritance, and other matters, are established.

Custody over a virgin girl ends when she reaches puberty through what women reach puberty by, such as menstruation and the like. However, her father keeps her with him, even if he does not fear corruption for her, if she is young in age. The brother and paternal uncle are likewise, in the absence of the father, as long as there is no fear for her from either of them. If there is fear for her from them, then the judge looks for a trustworthy woman, and she is handed over to her. The father’s guardianship over the female ends when she is older and has sound judgement. She may then live wherever she wishes, so long as there is no fear for her. If she is previously married, he does not keep her with him unless she is not trusted with herself. In that case, the father and grandfather may keep her with them, not anyone else, as was the case at the beginning. (Radd al Muhtar ʿala al Durr al Mukhtar, Hashiyat Ibn ʿAbidin, 2/641–642.)

The father’s guardianship over a boy ends when he reaches puberty, has sound mind, and no longer needs another person’s judgement. This is unless he is not trusted with himself, by being corrupt and feared for. In that case, the father has guardianship to keep him with himself in order to prevent fitnah or disgrace, and to discipline him if something occurs from him. The grandfather holds the same position as the father in what has been mentioned of the rulings of the virgin girl, the previously married woman, and the boy. (Radd al Muhtar ʿala al Durr al Mukhtar, Hashiyat Ibn ʿAbidin, 2/641–642.)

According to the Maliki Madhhab

According to the Maliki madhhab, guardianship over the person, with regard to a minor, ends when he reaches natural puberty, which is reaching the age of marriage. He may then go wherever he wishes. However, if corruption is feared for him, due to his beauty for example, or if he keeps company with evil people and becomes used to corrupt character with them, then he remains until his character becomes upright.

When a male reaches puberty with sound judgement, he may go wherever he wishes, because restriction over him has ended with regard to his own person. When a male reaches puberty, even if he is chronically ill or insane, the mother’s custody over him falls away, according to the well known view.

As for the female, custody over her and guardianship over her person continue until she marries and the husband consummates the marriage with her. (Hashiyat al Dasuqi ʿala al Sharh al Kabir, 3/292–293; al Kharashi, 4/207–208, 5/291; Sharh al Zurqani, 4/263, 5/290.)

According to the Shafiʿi Madhhab

According to the Shafiʿi madhhab, guardianship over the minor, whether male or female, ends merely by reaching puberty. (Nihayat al Muhtaj, 4/345 and what follows; Sharh Minhaj al Talibin, 2/300.)

According to the Hanbali Madhhab

According to the Hanbali madhhab, custody is only established over a child or one who lacks sound mind. As for the mature adult of sound judgement, there is no custody over him. If he is a man, he may live alone because he no longer needs his parents. If she is a woman, she may not live alone, and her father may stop her from doing so, because it is not safe that someone may enter upon her and corrupt her, and disgrace may fall upon her and her family. If she has no father, then her wali and her family may stop her from that. (al Mughni, 7/614.)

Al Mawsuʿah al Fiqhiyyah 8/204–205