Regulations of Guardianship in Islam
In Islam, guardianship is a permissible contract that encompasses several legal provisions. One of these stipulations is that the guardian is responsible for settling any debts associated with the minor’s assets, including zakat, fines, or expiations for unintentional killing. However, it is important to note that the guardian is not authorized to arrange marriages for minors; they are permitted to marry enslaved individuals. Additionally, the guardian does not serve as both parties in a contract.
The guardian is not allowed to sell the minor’s assets for their own benefit, though a father retains this authority due to the strength of paternal rights. A guardian may resign at any time, with or without justification, and may also choose to step down upon the death of the person who appointed them as guardian. Furthermore, if an individual, before their passing, only has a single slave and bequeaths one-third of their estate, the guardian is entitled to sell only one-third of that slave. In other words, the slave is sold, and the guardian receives one-third of the proceeds.
The guardian has the right to testify on behalf of the minors, but they may do so only in matters where their testimony may not provide them with additional authority or privileges in managing assets. Even as a guardian, they may only manage one-third of these assets, and should they testify regarding a greater amount of wealth, it would not be permissible, as this would expand their authority beyond the one-third limit. Obligations towards the minor should be met in a reasonable manner, avoiding any form of extravagance or severe stinginess that would hinder the child’s needs. In the event of a disagreement between the minor and the guardian over the amount of support, the guardian’s view prevails, as they act in a fiduciary capacity, and it is assumed that they operate without misconduct.
Should the minor reach maturity, they may receive a more substantial financial allowance. The testator has the right to revoke the guardianship at any time, and the guardian may choose to resign whenever they wish.
Definition of Guardianship
Scholars have expressed various interpretations regarding guardianship. It is generally viewed as the oversight of the management of a minor’s financial affairs, granted by the guardian or a judge. There are two types of guardians: the appointed guardian and the judicial guardian. The appointed guardian is designated by an individual before their death to manage the financial responsibilities of a minor. In contrast, the judicial guardian is assigned by a court to oversee a minor’s financial matters.
Legitimacy of Guardianship in Islam
Guardianship is one of the contracts permissible in Islam, as affirmed by sayings from the Prophet Muhammad (peace be upon him) reported by Ummul Mu’minin Aisha bint Abu Bakr (may Allah be pleased with her). The Prophet stated, “The ruler is the guardian of those who have no guardian.” Accepting guardianship is considered a virtuous act in the sight of Allah (may He be exalted), as it adds to one’s reward and merit. Those capable of taking on guardianship should seize this honorable opportunity for the significant rewards associated with it. Allah (may He be exalted) also says, “And they ask you about orphans. Say, ‘Improvement for them is best.'” This fosters a spirit of collaboration in righteousness and piety, which our noble religion encourages, as articulated in the verse, “And cooperate in righteousness and piety.”