What happens if the appointed executor becomes wicked after the testator's death?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the executor's wickedness arises after the bequest, his authority is revoked, and the judge appoints a trustee in his place. This is the preferred position of Al-Qadi, Al-Thawri, Al-Shafi'i, and Ishaq. If the asset protection cannot be achieved by joining a trustee, removing the wicked executor becomes necessary because protecting the orphan's property takes precedence over upholding the statement of a testator who appointed someone wicked.
Supporting text
Some hold that if the wickedness occurs after death, the executor's authority is not revoked, and a trustee is joined to supervise, seeking to combine the rights of asset protection and the testator's choice. However, distinguishing between pre-existing and subsequent wickedness is deemed remote, as conditions should be considered for continuity just as they are for initial validity. If a distinction must be made, ensuring continued trustworthiness (adalah) is more critical, as the testator knowingly accepted the Fasiq initially.