Ruling on the Guardian’s Disposal of the Immature's Property (In Islamic Jurisprudence and Yemeni Law)

Abstract

The current research discussed a jurisprudential, legal and judicial problem caused by the existing disagreement among jurists regarding the permissibility of the disposal of the guardian, whether he is a father, grandfather, guardian, or appointed by the ruler or someone else, with the property of the immature, either in sale, gift, assignment, reconciliation, or trade. The jurisprudential and legal consequences resulting from the disposal which results in the loss of the immature's money and rights. Stating the rules and principles issued by the Supreme Court to monitor the actions of guardians and hold them accountable. The research is divided into two sections: The first section: presents the definition of the research terms, and the second section co the ruling on the guardian’s disposal of the minor’s property. The second section is divided into four chapters, which also include the results: the most important of which are:

1. The agreement occurred between jurists on the permissibility of the father disposing of the property of immature under his guardianship, buying and selling, for himself or for someone else, if he is trustworthy and honest.

2. Prohibiting the guardian from disposing of the voluntary gift from the immature money, whether he is a father, grandfather, guardian, or appointed by the ruler, because that is pure harm to the minor’s money.