The privilege of guardianship rights in Islamic jurisprudence

Abstract

This research addresses the "Privilege of Guardianship in Islamic Jurisprudence." Islamic law grants guardians the authority to manage the affairs of those under their guardianship, whether over their person or property, within legal and Sharia-compliant frameworks aimed at protecting the ward.

This right is characterized by its privileged nature, granting its holder priority over all other rights. The guardian does not possess a financial right to it, but rather a moral authority. The subject matter of this right is related to the individual's personal obligations (or morals), without being limited to them. Thus, the privileged right is established based on a protected interest.

This research seeks to establish this privileged right and its subject matter, clarifying the priority in the right of guardianship in its original form, and identifying those who share this privilege on behalf of others when there are multiple guardians.

The research concludes that the guardian's privilege is a legitimate right related to the individual's personal obligations (or morals), without being limited to them. This privileged right is established based on a protected interest for the well-being of the ward. Furthermore, regulating the guardian's privileges is a legitimate and legal necessity, representing a means to ensure the care of those under guardianship and the preservation of their interests, thus fulfilling the reason for establishing this right.