What are the powers and scope of an appointed executor (Wasi)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

Appointing an executor grants that person the authority to act on the testator's behalf after death concerning the settlement of debts, their collection, the return and retrieval of deposits, the distribution of the bequest, and guardianship (wilayah) over minor or legally incompetent children, including the management and safeguarding of their wealth for their benefit. This authority applies only to those over whom the testator held guardianship during his life.

Supporting text

The appointment of an executor over those for whom the testator had no legal guardianship during life, such as adult, rational individuals, or relatives other than direct children (like brothers or uncles), is invalid because the testator lacked the legal authority (wilayah) to delegate over them.