What is guardianship under the Muslim law? Who are entitled to act as guardian under the Muslim law.....

Question: What is guardianship under the Muslim law? Who are entitled to act as guardian under the Muslim law? Distinguish between Guardianship and Hizanat.

Find the question and answer of Muslim Law only on Legal Bites. [What is guardianship under the Muslim law? Who are entitled to act as guardian under the Muslim law? Distinguish between Guardianship and Hizanat.]

Answer

Guardianship in Muslim law refers to the legal authority granted to an individual (the guardian) to act on behalf of another person (the ward), typically a minor or someone unable to manage their own affairs. The guardian is responsible for the care, protection, and management of the ward's personal and property interests.

Types of Guardianship

Natural or Legal Guardian: This refers to the parents (usually the father) of a minor, who have the primary responsibility for the child's welfare and decision-making.

Testamentary Guardian: This type of guardian is appointed by a parent through a will. The testamentary guardian assumes responsibility for the minor's care and upbringing upon the parent's death.

Guardian Appointed by Courts or Statutory Guardian: In cases where no natural guardian is available, or if there's a dispute over guardianship, the court can appoint a guardian. This ensures the minor's best interests are prioritized.

De-facto Guardian: This refers to someone who acts as a guardian in practice without any formal appointment. This could be a relative or family friend who takes care of the minor's needs, even though they may not have legal authority.

Distinction between Guardianship and Hizanat

While both terms relate to the care of minors, they differ in scope and context:

Guardianship (Wilayat):

Guardianship encompasses both the physical and financial care of a minor. It includes responsibilities for managing the minor's property and making decisions for their well-being.

Guardians can be natural, testamentary, or court-appointed.

Hizanat:

Hizanat specifically refers to the right to custody and upbringing of the minor, primarily concerning the child's emotional and personal care.

The concept of Hizanat is generally limited to mothers and, in some cases, maternal relatives. It focuses on the child’s welfare and upbringing rather than property management.

Conclusion

In summary, guardianship under Muslim law provides a framework for the protection and management of minors' interests, with specified individuals entitled to act as guardians. The distinction between guardianship and Hizanat highlights the differences in responsibilities and rights regarding the care of minors, emphasizing the roles of guardians in both personal and property matters.