Is it permissible for the guardian to take from the orphans' money (their ages being 16 and 17 years) to perform Umrah?
Whoever has reached the aforementioned age has attained maturity and is no longer an orphan. If a person reaches maturity and is sound of judgment (rashīd), their legal capacity is complete, guardianship over them is lifted, and their wealth is handed over to them, by agreement of the jurists. However, if they reach maturity but are not sound of judgment (ghayr rashīd), Abu Hanifa held that their legal capacity is complete and guardianship over them is lifted, but their wealth is not handed over to them until their sound judgment is proven or they reach twenty-five years of age. The Malikis, Shafi'is, and Hanbalis disagreed with him, stating that guardianship over the unsound of judgment (ghayr rashīd) remains, and their wealth is not handed over to them until their sound judgment is proven, based on the Almighty's saying: "And test the orphans until they reach the age of marriage. Then if you perceive in them sound judgment, release to them their property." Based on this, the permission of adult children is necessary for dealing with their wealth.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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