Question

Which of the following is not a legal guardian of the property of Muslim minor

• A. Father
• B. Brother
• C. The executor appointed by father
• D. Grand father

Hint:

In Muslim law, distinguish clearly between guardianship of the person (hizanat), which primarily rests with the mother and female relatives, and guardianship of property (wilayat), which is restricted to the father, paternal grandfather, and their executors.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks who among the given options is not recognized as a legal guardian (wali) of the property of a minor under Muslim personal law.

Step 3: Detailed Explanation:
Under Hanafi school of Muslim law, the legal guardianship of a minor's property follows a specific order of priority. The recognized legal guardians are: 1. Father: He is the primary and natural guardian. 2. Executor appointed by the father's will: The person designated by the father in his will to be the guardian. 3. Paternal Grandfather: The father's father. 4. Executor appointed by the paternal grandfather's will: The person designated by the grandfather in his will. A brother is not recognized as a legal guardian of the property, although he can be a guardian of the person (for custody/hizanat) in certain circumstances. Other relatives like the mother or uncle are also not legal guardians of property, though a court can appoint them as such.

Step 4: Final Answer:
The father, the executor appointed by the father, and the paternal grandfather are legal guardians of a Muslim minor's property. The brother is not.