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Who is the legal guardian of minor orphans, what are the guardian's duties, when does the guardianship end, is it permissible for the paternal cousin's son to be a guardian, and how should one deal with the maternal uncle's wife and her daughters?

1 min readAlso available in العربية

A distinction must be made between حضانة (custody) and وصاية (guardianship). Custody is the sheltering, caring for, and educating of an orphan. The mother has the most right to it after the father's death, as long as she does not remarry, followed by the closest relatives in order of proximity. If the custodian is not a mahram (unmarriageable kin) to the child, she must observe hijab (veiling) from him when he reaches an age where he understands women's awrah (intimate parts).

As for guardianship, it is the responsibility of a specific person to manage the affairs and wealth of orphans for their preservation and growth. The father designates the guardian before his death. If he does not, the person most entitled to the orphan and most beneficial to him assumes guardianship. The mother can assume responsibility for her children's wealth if she is qualified; otherwise, the most suitable person is agreed upon for this task. The guardian's duty ends when the children reach adulthood and demonstrate their ability to manage their own wealth.

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

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