Choosing the Guardian from Among the Children Without Regard to Age
Machine translationRead the Arabic original
Fatwa No. ( 4919 )
Q: Do I have the right to prepare a legal will in my lifetime, appointing as guardian over my older children, both sons and daughters, one of my sons in whom I perceive wisdom? Does this require registering the will with the Shari'ah court or a notary public? Will this will be valid after my death? Do you recommend endowing the real estate or properties, especially the farms that I am reluctant to see squandered after my death, for the benefit of the children in case the will is not approved?
A: It is permissible for you to appoint as the one to oversee the will a son in whom you perceive wisdom, even if there is someone older than him in age, and it does not require
registering it with the court, though if you do, that is good. If the bequest is one-third or less, it is valid, and it will be in effect after your death. This one-third is to be used for the farms you prefer, with their produce spent on their maintenance and the surplus directed to acts of righteousness and needy relatives. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Do I have the right to prepare a legal will in my lifetime, appointing as guardian over my older children, both sons and daughters, one of my sons in whom I perceive wisdom? Does this require registering the will with the Shari'ah court or a notary public? Will this will be valid after my death? Do you recommend endowing the real estate or properties, especially the farms that I am reluctant to see squandered after my death, for the benefit of the children in case the will is not approved?
A: It is permissible for you to appoint as the one to oversee the will a son in whom you perceive wisdom, even if there is someone older than him in age, and it does not require
registering it with the court, though if you do, that is good. If the bequest is one-third or less, it is valid, and it will be in effect after your death. This one-third is to be used for the farms you prefer, with their produce spent on their maintenance and the surplus directed to acts of righteousness and needy relatives. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.