Who is responsible for the money of minor orphans, which was in their mother's possession for five years and she did not invest it, after their mother married a stranger, and with their paternal and maternal grandparents, and paternal and maternal uncles present?
Firstly: The father's appointed guardian assumes responsibility for the orphans' wealth. If the father did not make such an appointment, then the paternal grandfather (father's father) takes charge. If he is not present, then the mother or the closest agnates assume responsibility.
Secondly: Guardianship transfers to the mother if the grandfather is unable to manage the orphans' wealth. The mother's marriage does not affect her guardianship over her children's wealth. While custody is forfeited upon marriage, guardianship over property is not.
Thirdly: The guardian of an orphan's wealth must grow their assets and be diligent in utilizing them in a way that serves their best interests, as affirmed by the Almighty's saying: (And do not approach the orphan's property except in a way that is best). The orphan's wealth should be invested in trade and not left idle until diminishes it. If the guardian is unable to manage their wealth, then guardianship transfers to the next qualified person in line.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 7518
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy