The guardian is accountable to the Shari'ah judge regarding the disposal of a minor's wealth
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The second question of Fatwa No. ( 4097 )
Q2: Two brothers, one of whom died leaving two sons, one of whom is an adult and the other is nine years old. Their uncle took a piece of land for a certain number of thousands and asked his nephew to pay half, i.e., half the price of the land, and take half of the land. The boy refused and said that he did not want it and would make a waiver of it and of his brother's share. Is it permissible for him to make a waiver of his younger brother's share, or is he required to pay what belongs to his younger brother from the price of the land? Or is his uncle required to bear the price of the land until the younger boy grows up, and he is given the choice in that? Or how is the matter to be handled?
A2: If the matter is as described, then the minor must have a Shari'ah guardian through his father's will. If his father did not appoint anyone as his guardian, then the Shari'ah judge is the one who appoints a guardian for him, and the guardian is accountable to the Shari'ah judge regarding the disposal of the minor's wealth. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: Two brothers, one of whom died leaving two sons, one of whom is an adult and the other is nine years old. Their uncle took a piece of land for a certain number of thousands and asked his nephew to pay half, i.e., half the price of the land, and take half of the land. The boy refused and said that he did not want it and would make a waiver of it and of his brother's share. Is it permissible for him to make a waiver of his younger brother's share, or is he required to pay what belongs to his younger brother from the price of the land? Or is his uncle required to bear the price of the land until the younger boy grows up, and he is given the choice in that? Or how is the matter to be handled?
A2: If the matter is as described, then the minor must have a Shari'ah guardian through his father's will. If his father did not appoint anyone as his guardian, then the Shari'ah judge is the one who appoints a guardian for him, and the guardian is accountable to the Shari'ah judge regarding the disposal of the minor's wealth. 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.