Is it permissible for a father or guardian to divide the minor's property jointly held with a partner?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 4 · Bab 1

Open in Qurani

Primary text

It is permissible for a father or guardian to divide a minor's property held jointly with a partner. Division is either the segregation of a defined right or a sale, both of which are permissible for the guardian/father. Division is permissible because it contains a benefit for the child, analogous to purchasing property for the child. Furthermore, they are permitted to conduct a division by mutual consent without requiring an addition to the compensation (i.e., without financial gain), as this action serves to remove the harm arising from co-ownership, similar to selling the property when necessitated by the need to settle a debt or provide maintenance.