When must property be delivered to an individual previously under guardianship due to mismanagement?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
Property must not be delivered to an individual unless they have attained both maturity (bulugh) and soundness of judgment (rushd), even if they have become an elderly man. This is the position held by the majority of scholars, including those from Hijaz, Iraq, Sham, and Egypt, who maintain that restrictions apply to anyone who mismanages their wealth, whether young or old. This view is supported by Al-Qasim ibn Muhammad ibn Abi Bakr Al-Siddiq, as well as Malik, Al-Shafi'i, Abu Yusuf, and Muhammad. The basis for this position is the Divine command: "And test the orphans until they reach the age of marriage; and if you perceive in them sound judgment, then return their property to them" (Quran 4:6). This verse conditions the handover upon two prerequisites: maturity and soundness of judgment; a ruling conditioned upon two stipulations is not established without both.
Supporting text
The view of Abu Hanifa dictates that property should not be delivered before the age of twenty-five, even though transactions and confessions made before this age are considered valid. Upon reaching twenty-five, the guardianship is lifted, and the property is delivered.