Buying and Selling: Ruling on Enforcing Inheritance Rights of Minors in Custody of Remarried Mothers

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Enforcing Inheritance Rights of Minors in Custody of Remarried Mothers

English:

Question #1497:

After the widow remarries, some guardians of minor children resort to denying the children and their mother their shares in the estate of their father. Is there any legal way of forcing such people to hand over the shares of minor children to their mother who cares for them?

Answer #1497:

The minor children’s shar‘ī guardian should behave on the basis of children’s interest which is to be determined by him. Any time the guardian acts against their interest and it results in conflict, the case should be referred to the authorised religious authority.

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