Guardianship

In Islam, guardianship must be distinguished from custody. Guardians and custodians of children have separate and distinct rights and responsibilities. Whereas a clearly identifiable male relative of the child has priority over the guardianship of a child, it is the female close relative who is invariably given custody of such child.

There are two categories of guardianship, i.e.

  • Guardianship over the ward's property (e.g. to rent or lease or mortgage the ward's property for the ward’s benefit) and
  • Guardianship over the ward's person (i.e. to be responsible for his education, health as well as to give the requisite consent in a female ward's marriage).

According to the Islamic Family Law (Federal Territories) Act (s.88) which is in consonance with that of the Shafie School, priority of guardianship is in the following descending order:

  • father
  • paternal grandfather
  • executor appointed by the father's Wasiat
  • father's executor's executor
  • paternal grandfather executor's executor.

At as-Salihin we can offer our services to act as guardian of a ward's property.