A Study of the Guardianship of the Guardian in the Matter of Minor Girl or Minor Boy’s Marriage Based on an Approach to Imam Khomeini’s Viewpoints

Abstract

The issue of guardianship of a minor boy or girl is one of the most important issuesin the field of will and testament. If the minors’ father and paternal grandfatherare alive, their authority is in the hands of the father or paternal grandfather, andtheir guardianship is based on sharia and divine law. If the death of the father orpaternal grandfather is imminent, they can appoint someone in their will to takecare of the affairs of the minors. The affairs that may be related to the minor boyor girl include their caretaking and upbringing management of their property,marriage and divorce.In this article, using descriptive-analytical method andcollecting the necessary data from library-documentary sources, attempts havebeen made to examine the guardianship of the testamentary guardian regardingthe marriage of minor boy and minor girl an approach to Imam Khomeini andfamous jurists’ viewpoints. Imam Khomeini argues that the testamentary guardiandoes not enjoy the guardianship regarding the minor’s marriage. But, there areother jurisprudents who argue that if the testator explicitly mentions the issue ofthe minor’s marriage in his will, the testamentary guardian enjoys the right to getthe minors married.

Keywords

• guardianship
• testament
• testamentary guardian
• testator
• minor boy
• minor girl
• marriage
• imam khomein