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What is the ruling on guardianship over the orphans' money in the event of the father's death and the grandfather's waiver of guardianship to the children's paternal aunt, and is it permissible for the mother and children to refuse this and request that the mother be the guardian, and must the mother hand over what assists the guardian in performing his duty, and is it permissible for her to dispose of this money without the guardian's knowledge?

1 min readAlso available in العربية

Guardianship over orphans' wealth means overseeing the minor's financial affairs, preserving and growing the wealth, and spending from it. This applies to minors and those not competent to manage money.

When minors reach the age of accountability and become mature, their wealth is handed over to them. The guardian is not permitted to take anything from their wealth or to dispose of it except in what is most beneficial for them.

The mother has the right of guardianship over her orphaned children in the absence of the father and grandfather. This is the preponderant opinion among scholars, and it takes precedence over the judge and the appointed guardian (the aunt in this case). However, it is advisable for the mother and the aunt to reach an amicable understanding and resolve any disputes between them.

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

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