GUARDIAN OF MINOR CHILDREN The boy who has not reached the fifteenth years cannot spend from his wealth. In the same way the girl who is not yet nine years of age cannot spend from her property. A minor boy or a girl cannot spend from their wealth in any way. Only their guardian has the right to spend from their wealth for their upkeep. The foremost guardians, according to Shariat are the father, grandfather, mother and grandmother. The next in order is the one who is appointed a guardian after the death of the father and grandfather. He has the right of maintaining the Orphans. If the father and the grandfather die without appointing a trustee for the children, the legal guardian is the ruling Mujtahid or someone appointed by the Mujtahid. In a situation where a ruling Mujtahid is also not present, the Momineen shall maintain the orphans. (This is called Udool-al-Momineen in religious terminology), it would be explained at an appropriate place. Ref: Greater Sin English Version Page 211 THE AFFAIRS OF THE ORPHANS SHOULD BE CONDUCTED WITH CARE The guardian of an orphan shoulders a very serious responsibility. He should judiciously spend for all the needs of the orphan, neither being miserly nor extravagant. The guardian should strictly maintain the account of the orphan’s expenditure separately and club it with his own family expenses. Since it would be more convenient and economical to cook the orphan’s food along with the food for the rest of the family. But the expenses incurred for the orphan must be accurately calculated. It would be highly commendable if the guardian took a little less as the orphan’s share than the calculated amount. He would indeed gain Allah’s immense pleasure. At time, however, due to the dietary requirement of the Orphan, it may be necessary to cook his food separately. This would certainly pose some problems. But the main thing the guardian has to keep in mind is the wellbeing of the orphan and an honest assessment of his expenses. This has been permitted because it is easier and much more economical then having food cooked separately for the orphan. However, if there is a great difference between the dietary requirement of the orphan child and other family members, it would be very difficult to adhere to this arrangement. For example, if a child does not eat meat and rice, then it would be difficult to have his food cooked together with the main dist. The thing to be taken care of, is that the well-being and property of the orphan is maintained. A verse of Surah Baqarah Says: “And they ask you concerning the Orphan’s; say: to set right for them (their affairs) is good, and if you become co-partners with them, they are your brethren; and Allah knows the mischief-maker and the peace-maker…” (Surah Baqarah 2:220) The above verse was revealed at a time the people were confused as to how they should handle the money of their orphan wards. The verse revealing the severe punishment for those who misappropriate an orphan’s property had struck such fear into the hearts of guardians that they started cooking the orphan’s food separately. They would not even touch the leftovers and allowed them to rot. They then approached the Holy Prophet (saws) in a confused state of mind and the above verse was revealed. It is evident that we must live together with the believing brother. The Omniscient Allah knows what is in our heart, and is aware of our intentions. He knows who intends to misappropriate the property of the orphans and who wants to put right their affairs. Ref: Greater Sin English version Page 211 / 212
Posted on: Fri, 28 Mar 2014 11:35:42 +0000
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