Who is the legal guardian of four children (three girls and a 13-year-old boy) after the death of their father?
Guardianship over a minor is divided into guardianship over the person and guardianship over the property. Guardianship over the person means overseeing the minor's personal affairs (maintenance, custody, discipline, education), while guardianship over the property means overseeing their financial affairs (selling, buying, leasing).
The different madhhabs (schools of thought) vary in the order of priority for guardians of the person and property:
- Guardianship over the person: - Hanafis: Established for the 'asabah (agnates) according to the order of inheritance (sonship, fatherhood, brotherhood, paternal unclehood), then for the mother, then for the dhawu al-arham (relatives by blood or marriage who are not 'asabah). - Malikis: According to the order of sonship, then fatherhood, then guardianship by testament, then brotherhood, then grandfatherhood, then paternal unclehood.
- Guardianship over the property: - Hanafis: Established for the father, then his appointed guardian (wasi), then the grandfather, then his appointed guardian, then the judge, then his appointed guardian. - Malikis and Hanbalis: Established for the father, then his appointed guardian, then the judge or whomever he appoints. - Shafi'is: Established for the father, then the grandfather, then the appointed guardian of either of them who remains, then the judge or whomever he appoints. - Guardianship over property is not established for anyone else (such as a brother, mother, or paternal uncle) except by a testamentary appointment. - The Hanbalis and Shafi'is, in one opinion, held that the mother has guardianship over her young child after the father and grandfather.
It is a condition for the guardian of the person and property to have full legal capacity, meaning maturity and sanity. Therefore, a minor is not fit for guardianship over the person or property.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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