What is the ruling regarding appointing a wicked person (Fasiq) as an executor?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When an executor is wicked (Fasiq), an honest trustee must be joined with him. Similarly, if a trustworthy executor later exhibits treachery, he is not removed from the executorship, but a trustee is joined with him. Ahmad affirmed this general principle, stating that if the executor is suspected, he should not be removed from possession of the assets. However, if the wickedness or betrayal occurred before the testator's death and at the time of the bequest, the bequest to him is void because appointing a traitor over an orphan is impermissible both during life and after death, as executorship is a matter of legal authority (wilayah) and trust (amanah), for which a Fasiq is unfit.
Supporting text
A dissenting view, adopted by Al-Qadi based on some statements of Al-Kharqi and Ahmad, suggests that if treachery arises after the testator's death, the executor remains, and a trustee is appointed to supervise. This is based on the view of Al-Thawri, Al-Shafi'i, and Ishaq, arguing that joining a trustee achieves both the preservation of assets and the benefit of the executor's continued involvement. Some early scholars, including Al-Hasan and Ibn Sirin, hold that the executor's authority is not removed if the assets can be secured by an honest trustee.