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How can a legal and practical will be documented to ensure the care of minor children and the protection of their money after the father's death, given the distrust of the brothers' guardianship and the desire to appoint the wife (of Yemeni nationality) or another relative as guardian?

1 min readAlso available in العربية

A will made to a sane, mature woman is valid. Manhood is not a condition for a guardian (wasi); thus, a will made to a wife or any other person fit for guardianship is permissible, especially to the children's mother due to her compassion for them. Justice and trustworthiness are conditions for the guardian. Some scholars hold that guardianship is obligatory for one who can safeguard the property of minors when there is fear of encroachment by a treacherous person. The will can be documented by writing it down, having witnesses attest to it, and authenticating it in Sharia courts. The testator should be reassured about the fate of his children after him, for Allah takes care of the young just as He takes care of the old. Allah may preserve the property of orphans due to the righteousness of their father, as stated in His Almighty saying: "And as for the wall, it belonged to two orphan boys in the city, and there was beneath it a treasure belonging to them, and their father had been righteous. So your Lord intended that they reach their maturity and extract their treasure, as a mercy from your Lord. And I did not do it of my own accord. That is the interpretation of that which you could not have patience for."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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