🌍 Children, inheritance & global · #37
When a father dies, who manages the property of young children?
In the Shafi'i school, the guardian of property (wilayah al-mal) for a child who has not reached puberty is the father, then the paternal grandfather, then the executor (wasi) appointed by the father or grandfather, and finally the judge (the court) or a person the court appoints. The mother does not automatically become guardian of property, even though she is entitled to custody of the child (hadhanah); however, the court may appoint the mother as guardian of the property. The guardian must manage an orphan's property with trustworthiness and hand it over when the child is adult and mature. The Qur'an gives a stern warning against consuming the property of orphans unjustly. Fathers are encouraged to name an executor in their will.
Difference between schools. The Hanafi school places the father's appointed executor before the grandfather; the Maliki and Hanbali schools do not give the grandfather guardianship of property unless appointed.
Sources
Surah an-Nisa' 4:6Surah an-Nisa' 4:10