Appointing guardians for one's children in one's Will

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-185

Question: 

I am busy with my will
and I would like to know who can be selected as guardians for my 2 children (
current ages 12 and 8).


Answer: 

 Consider the following two terms of the Fuqaha (Jurists):

1. Wasi: A person selected as an executor of an estate to ensure that the estate be wound up and made to devolve upon all the heirs in an Islamic way and to take care of the needs of the deceased’s minor children. A Wasi can be anyone with the proviso that he/she is ‘Aqil (sane), Baaligh (reached maturity), Hur (free) and ‘Aadil (a Muslim who abstains from all forms of major sins). (Alfiqhul Islami Wa'adillatuhu Vol. 10 Pg. 7337) 

2. Wali: An authorized Shar’i agent who has "Wilayah" (authority or guardianship) over the affairs of somebody else. The sequence of the Awliya in different aspects of Shar’iah is stipulated and fixed by Shari’ah with specific qualifications. (Shaami Vol. 3 Pg. 54) 

In the enquired scenario, we assume that you require a Wasi to wind up the estate and shoulder the responsibilities of your children, thus, you can select anyone to be your Wasi on condition that he/she qualifies for the post. However, if the aforementioned is not what you require, you may forward us the details of the Will and we will analyze it further.

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Abdullah Badat 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date:18 Rabi'ul Awwal 1440 - English Date: 26th November 2018

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