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Selecting Guardians In A Will

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

In order for us to furnish a reply, it is important to know what you mean by the word “guardian”. 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).

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.

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.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

در المختار مع رد المحتار ٣/ ٤ ٥ 

«معجم المصطلحات والألفاظ الفقهية ٢/٣ ٠ ٥ دار الفضيلة» 

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