A Dictionary of Islam / Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion.

by Thomas Patrick Hughes

“I truly am your trustworthy Apostle.

“Fear God, then, and obey me:

“No reward ask I of you for this: my reward is of the Lord of the Worlds alone.”

GUARDIANSHIP. Guardianship over a minor is of two kinds: wilāyah (ولاية‎), or guardianship of the property and education and marriage of the ward, and ḥiẓānah (حضانة‎), or guardianship over the rearing and bringing up of the child.

Guardians are either so by natural right or by testament, or by appointment by a judge.

The guardianship of a minor for the management and preservation of his property devolves first on his or her father, then on the father’s executor, next on the paternal grandfather, then on his executor, then on the executors of such executors, next on the ruling power or his representative, the Qāẓī, or judge. In default of a father, father’s father, and their executors, as above, all of whom are termed near guardians, it rests in the Qāẓī to appoint a guardian of an infant’s property. The other paternal kinsmen who are termed remote kindred, and the mother succeed, according to proximity, to the guardianship of an infant for the purpose of education and marriage; they have no right to be guardians of his property, unless appointed to be so by the ruling authority, or in the original proprietor’s will, proved by competent witnesses. The mother’s right of guardianship is, however, forfeited upon her being remarried to a stranger, but regained when she is divorced by him, and has again become a widow.

In default of the mother as well as of the paternal kindred of a minor, his maternal relations are, according to proximity, entitled to guardianship for the purposes of education and marriage, and not for the management of his property, unless so appointed in the late owner’s will or by the Qāẓī.

The general rule is that a guardian, executor, or anyone who has the care of the person and property of a minor, can enter into a contract which is or likely to be advantageous and not injurious to his ward.

A guardian may sell or purchase moveables on account of his ward, either for an equivalent or at such a rate as to occasion an inconsiderable loss, but not at such a rate as to make the loss great and apparent. (Hidāyah, vol. iv. p. 553.)

A guardian is allowed to borrow money for the support and education of his ward, even by pawning the minor’s property; the debt so contracted must be paid out of his (the minor’s) estate, or by him when he comes of age.