Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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In default of the mother as well as of the paternal kindred of a minor, his maternal relations are, according to proximity, entitled to guardianship for the purposes of education and marriage, and not for the management of his property, unless so appointed in the late owner’s will or by the Qāẓī.

The general rule is that a guardian, executor, or anyone who has the care of the person and property of a minor, can enter into a contract which is or likely to be advantageous and not injurious to his ward.

A guardian may sell or purchase moveables on account of his ward, either for an equivalent or at such a rate as to occasion an inconsiderable loss, but not at such a rate as to make the loss great and apparent. (Hidāyah, vol. iv. p. 553.)

A guardian is allowed to borrow money for the support and education of his ward, even by pawning the minor’s property; the debt so contracted must be paid out of his (the minor’s) estate, or by him when he comes of age.

It is not lawful for a guardian to pledge into his own hands goods belonging to his ward on account of a debt due to him, or into the hands of his child being an infant, or into the hands of his slave being a merchant and free from debt. (Hidāyah, vol. iv. p. 214.)