Guardianship over an orphan's property

Al-Sha'rawi holds that the property of an orphan, or of a person unable to manage it, is run with wisdom and guardianship. A foolish person is not handed his wealth, the orphan is tested for maturity before his property is delivered, and a poor guardian may take a customary share ¹²³.

He notes that God made wealth a means of support for people, so it is not given to someone who cannot manage it. He warns against a man who hands his money to foolish children simply because they are his children ¹⁴.

He holds that the guardian trains the orphan in handling money before maturity, through small matters. When good management is seen, the property is handed over at maturity without delay, and the guardian must not consume it wastefully ².

He holds that an honest guardian who is poor is not barred from guardianship. The rich guardian should abstain, the poor one takes from it in a customary manner, and the customary measure is the going rate for the work or what is needed ³.

He holds that the handover must be witnessed by trustworthy witnesses, since the guardian cannot be sure the orphan will not later resent him and make a charge. This clears the guardian as to the money, while the clearing of his conscience is left to God ³.

No comparative fiqh reading of guardianship over property is set out in this part of the book. A named source is needed (needs_source).