Property Guardianship and Management of Incapables in Jurisprudence and Law

The Incapables, due to their incapability of handling or managing finances, are supported from different ways. They are not allowed to take position of their property or financial rights and their possession of property is effect less and invalid but managing and handling their properties and supporting their financial needs from their belongings is unavoidable. Therefore we are in need of a system for the two important social needs of the Incapables. Securement of the financial needs and interests of the Incapables requires that some people as their representative become responsible to manage and handle their properties and financial rights. This institution is called “Velayat Dar Mal” (Guardianship in Property) in Islamic jurisprudence and law. This article tries to explain the Islamic system of managing the Incapables properties and its differences among the various religious jurisprudence, based on Islamic jurisprudence texts, legal sources and the law of some Islamic countries.