Does the guardianship of a person sentenced to aggravated imprisonment in a terrorism case over his minor children fall, and does it transfer to the grandfather, and is the sequestration of his properties and the appointment of a guardian over them considered among the Sharia rulings?
Imprisonment does not invalidate a father’s guardianship over his children, nor does it necessitate placing an interdiction on him. This is understood from the words of the jurists, who stated that the guardianship of an imprisoned father should be reviewed whenever possible, and if communication with him becomes impossible, the guardianship transfers to the next in line. Scholars have not mentioned imprisonment among the reasons for interdiction; rather, they have mentioned other reasons such as insanity, minority (being underage), prodigality (safah), bankruptcy, and life-threatening illness. However, if the prisoner finds it difficult to directly manage the affairs of his family and children, and this causes harm, he must appoint someone he trusts, or the matter should be referred to the Sharia judge to consider it.
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- 115696
- Imported
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