Rulings on Guardianship According to the Five Schools of Islamic Jurisprudence

(A Comparative Study)

Abstract

Submission date: 25/09/2025

Acceptance date: 30/12/2025

Publication date: 30/03/2026

This This research examines the rulings on guardianship according to the five Sunni schools of Islamic jurisprudence. It does so by analyzing relevant Quranic verses found in the legal texts of these schools. The research aims to clarify، explain، and compare the rulings on guardianship according to the Imamiyyah and Sunni schools، attempting to answer the question: What are the rulings on guardianship according to the Imamiyyah and Sunni schools? The research has yielded several conclusions: Imamiyyah jurisprudence and the four Sunni schools agree on the legitimacy of guardianship to protect rights and safeguard property، but they differ in its application depending on the circumstances. A minor is placed under guardianship until reaching puberty and maturity. The Imamiyyah stipulate that both puberty and maturity must be present، while the Hanafi school automatically lifts guardianship upon reaching 25، unlike the majority who require actual maturity. The actions of an insane person are invalidated in all matters، but their best interests are considered in marriage، and guardianship is lifted upon their recovery. A mentally deficient person is treated like a sane child. A spendthrift is placed under guardianship due to extravagance. According to the Shafi'i school، his financial transactions are invalidated; according to the Hanafi and Maliki schools، they are suspended; and according to the Hanbali school، they are valid with the guardian's permission. The Imamiyyah، however، permit non-financial transactions such as divorce. A terminally ill person is placed under guardianship، and his donations are limited to one-third of his estate، requiring the heirs' permission. Obligations are paid from the estate's principal. A bankrupt person is placed under guardianship at the creditors' request، and his assets are divided among them. His donations are invalidated after the guardianship is imposed، and the best interests of the deceased are considered in sales. Necessary expenses and mortgaged assets are exempt from guardianship.