How should the share of an insane son be dealt with from an inheritance, knowing that he lives away from the family, according to the Maliki school of thought?
The intellect has no bearing on the division of inheritance funds. A mentally ill person receives their full share, which is given to their legal guardian. In the Maliki school of thought, if the father is not present, guardianship falls to the father's executor. If there is no executor, then it falls to the ruler or whoever he appoints. If the mentally ill person is not being cared for, their case must be brought before the judge to appoint someone to look after their interests and pay them their share of the inheritance.
The questioner should be aware that the issue of managing the wealth of minors and matters of inheritance is serious and complex. A mere is insufficient. Rather, it must be brought before the Sharia court or discussed directly with scholars to safeguard the interests of both the living and the deceased.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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