In Sharia terms, what is the difference between wilayah (authority), hadanah (custody) and wisayah (guardianship) over a child?
Custody (al-) and guardianship (al-wisayah) are two types of authority (wilayah). Linguistically, wilayah means support, and legally, it means the power to act.
Custody (al-hadanah) linguistically means to take something to oneself and nurture it, and legally, it means to care for someone who cannot manage their own affairs and to raise them in a way that benefits them.
Guardianship (al-wisayah) linguistically means an order, and legally, it means an order to act after death.
Custody differs from guardianship in that custody is established by religious law, whereas guardianship is established by the delegation of another, and the guardian may also be the custodian.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 69721
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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