Buying and Selling: Ruling on Guardianship and Inheritance After the Father’s Death

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Guardianship and Inheritance After the Father’s Death

English:

Question #1483:

My husband died, leaving me with minor children. According to the court’s injunction the paternal grandfather became their legal guardian. Should one of the children grow up to the age of ritual maturity, can he become the shar‘ī guardian of his minor brothers and sisters? If he cannot, can I be the guardian over the children? Also, in accordance with the court’s injunction, their grandfather would take a share of one sixth in the estate. What is your opinion?

Answer #1483:

The guardianship of, and the supervision over, the orphaned children are the right of the paternal grandfather until such a time comes when they reach ritual maturity. This, however, does not require an injunction from the court. That said, the best interests of the children should govern his right of disposal over their property. Should he behave against that, they have the right of recourse to the court. Any child attaining ritual maturity comes out from the remit of guardianship of his grandfather to manage his own affairs.
However, neither the child who has reached ritual maturity nor his mother has the right of guardianship over the other minor children. Since the grandfather has the right to acquire one sixth of the deceased’s estate, there is no objection that he got his share.

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