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Showing posts with the label legal guardianship in Muslim law
Guardianship (Wilayat) under Muslim Law: Types and Powers
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Introduction to Guardianship (Wilayat) under Muslim Law: Types and Powers Guardianship (Wilayat) under Muslim law refers to the legal authority vested in a person to take care of a minor and manage his or her property. It is an important institution in Islamic family law because minors, due to their age, lack the legal capacity to make decisions regarding their person or property. The concept of Wilayat is deeply rooted in the Quran, Hadith , and juristic interpretations of Islamic scholars. The Quran directs believers to protect the rights of orphans and minors: “And do not approach the orphan’s property except in a way that is best, until he reaches maturity.” (Surah Al-An’am 6:152) Similarly, Hadith literature emphasizes the duty of guardians to protect and care for minors without exploiting their property. Prophet Muhammad (ﷺ) said: “Whoever takes care of an orphan and myself will be like this in Paradise,” and he held his two fingers together. (Sahih al-Bukhari,...