Upon reaching puberty and demonstrating prudence (*rushd*), when should a female orphan receive possession of her wealth?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
If a female orphan reaches puberty and her prudence is apparent, her financial guardian must relinquish control of her wealth, even if she has not married. This view is held by 'Ata, Al-Thawri, Abu Hanifa, Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. The basis for this ruling is the general command of the Almighty: {And test the orphans until they reach the age of marriage; and if you perceive in them sound judgment, then return to them their property} [Quran 4:6]. Since she is an orphan who has reached the age of marriage and exhibited prudence, her property must be returned to her, just as it would be returned to a male. Furthermore, being an adult of sound judgment grants her the right to dispose of her wealth, like a woman whose marriage has been consummated.
Supporting text
A narration from Abu Talib, attributed to Ahmad, states that a female orphan's wealth is not given to her upon reaching puberty unless she marries and gives birth, or one year passes while she remains in her husband's house. This view is narrated from 'Umar and supported by Shurayh and Al-Sha'bi, with the claim that it became a matter of consensus because no opposing view from the Companions is widely known. Al-Malik affirms that the wealth is not delivered until she marries and her husband has consummated the marriage, reasoning that in matters where the father may compel her marriage without her consent, the legal restraint is not lifted, similar to a minor. Al-Qadi holds that her wealth should be given to her if she remains unmarried ('anust) and becomes prominent to men (i.e., grows older).