GUARDIANSHIP OF PROPERTY IN ISLAMIC LAW

Abstract

A child has a right to have someone to manage its affairs during minority. Guardianship is one of the basic rights of a child. Guardianship includes guardianship of marriage, person (custody) and property. This research work is more focused towards the guardianship of property. In Islamic law, the father is the guardian (walÊ) of the child’s property unless the interests of the child demand otherwise. This article explores rules regarding guardianship in Islamic law and discusses relevant issues including conditions for guardianship, interdictions, best interests of the minor and termination of guardianship. As in Pakistan, the law related to personal status is primarily based on Islamic law, it is important to explore the Islamic rules related to guardianship of property to provide a source for legal reforms. For instance, a mother can be a testamentary guardian but cannot be a guardian of property otherwise. Islam is the law that preserves the rights and interest of all humans throughout their lives, without gender and race discrimination. The authorization of property guarding to a mother is an open concernment that scholars may conceptualize and discuss in view of child’s interests. This article recommends reconsideration of the said distinction and further argues that the Islamic law always keeps best interests of child and considers child interest as primary. This research work is a qualitative study and comparison has been done among judgments and decrees of fuqaha’ (experts of Islamic jurisprudence) and other legal opinions in Islamic perspective.