Buying and Selling: Ruling on Custody and Supervision of Children and Property After a Father’s Martyrdom

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Custody and Supervision of Children and Property After a Father’s Martyrdom

English:

Question #1496:

My husband was martyred, leaving me with two children. Both my brother-in-law and mother-in-law snatched the children with all their possessions and refused to return them to me. It is noteworthy that I shunned the idea of remarrying because I wanted to dedicate my life to their upbringing. Who has the right of supervision over the children and their property?

Answer #1496:

The mother has the right to keep the orphans until their age of ritual maturity. However, the guardianship over the property is the right of the shar‘ī guardian. If there is no guardian, the authorized religious authority has the right of guardianship. Thus, neither the children’s uncle nor their grandmother has the right of custody or guardianship over them and their property.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling