Guardianship, also known as wilayah, is an important concept in Muslim family law, which relates to the care and protection of children, property, and other vulnerable individuals.
Under Muslim law, a guardian is appointed to ensure the welfare and best interests of the person or property under their care.
There are several types of Guardianship under Muslim Law
- Guardianship of Children: In cases where the parents are unable to care for their children due to death, divorce, or other reasons, a guardian is appointed to take care of the children’s welfare. The guardian is responsible for providing for the children’s needs, such as food, clothing, shelter, education, and healthcare.
- Guardianship of Property: A guardian may be appointed to manage the property of minors, mentally incapacitated persons, and other vulnerable individuals. The guardian is responsible for protecting and managing the property for the benefit of the person under their care.
- Guardianship of Marriage: A guardian may be appointed to oversee and protect the interests of a woman in marriage. The guardian is responsible for ensuring that the marriage contract is fair and just, and that the woman’s rights are protected.
Under Muslim law, the father is considered the natural guardian of his children. If the father is unable to fulfill this responsibility, the mother may be appointed as the guardian. If both parents are unable to care for their children, a close relative or a court-appointed guardian may assume the responsibility.
The appointment of a guardian is usually made by mutual agreement between the parties involved or by a court order. The guardian is required to act in the best interests of the person or property under their care and is accountable for their actions.