What is the ruling concerning the appointment and oversight of guardians (Wasi) managing the wealth of orphans and the insane, and distributing bequests?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 1 · Bab 1

Open in Qurani

Primary text

The ruler (Hakim) must oversee guardians because the wards (orphans, the insane) cannot assert their rights, and beneficiaries of bequests (Masaakeen) are not individually designated for the recipient to determine. If a guardian whose appointment was previously affirmed by the ruler is presented, the ruler does not dismiss him unless the guardian's condition changes due to flagrant sin (fisq) or weakness, in which case the ruler assigns a strong, trustworthy person to assist him. If the ruler had not previously affirmed the guardian's appointment, he examines the situation: if the guardian is trustworthy and strong, his appointment is confirmed. If he is trustworthy but weak, a reliable person is joined with him. If he is a flagrant sinner (fasiq), he is dismissed and replaced.

Supporting text

According to the position of Al-Kharaqi, a trustworthy person must be joined to oversee the original guardian.