Buying and Selling: Ruling on Religious Authority Signing Property Documents for Orphans

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Religious Authority Signing Property Documents for Orphans

English:

Question #1490:

The state granted the orphans of a martyr a plot of land or some property and sanctioned it to be registered in their names. The legal guardian of the minor children refused to sign the official documents. Can the authorized religious authority do so in his capacity as guardian?

Answer #1490:

Should the obtaining of funds for the children be dependent on the signature of the guardian, it is not obligatory on him to comply. In the presence of their legal guardian, the authorised religious authority has no authority to act as the children’s guardian. However, if the preservation of a minors’ property is dependent on the signature of the guardian, he has no right to withhold it. If this happens, the authorised religious authority has the right to force him to sign the documentation or to do it himself as the children’s guardian.

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