Guardianship & Type 2 Interdiction

**Guardianship over the Interdicted:** - The father manages the affairs of interdicted persons if he is upright and prudent, then his appointed guardian (wasi) - The guardian must act in the best interest and benefit of the interdicted **Evidence:** - **Quran:** "Do not approach the orphan's wealth except in that which is best" [6:152] - The verse mentions the orphan specifically, and others in similar situations are analogous **Guardian of Orphan's Duties:** - Must preserve the orphan's wealth - Must not consume it or dispose of it unjustly - **Quran:** "Indeed, those who devour the property of orphans unjustly are only consuming fire into their bellies" [4:10] --- **Rulings for Type 2 Interdiction (For Others' Benefit - Debtors):** **1. No interdiction for undue debt:** A debtor is not interdicted for a debt that has not yet come due, since payment is not required before due date. However, if he intends a long journey from which he will not return before the debt is due, the creditor may prevent him from traveling until he provides collateral (pledge) or a solvent guarantor. **2. When debtor's assets exceed debts:** If the interdicted person's wealth exceeds what he owes, he is not interdicted from disposing of his property, but he is ordered to pay upon demand. If he refuses, he is imprisoned and disciplined until he pays. If he still refuses, his property is used to pay his debts. **3. When assets are less than debts:** If his property is less than his accrued debts, he is interdicted from disposing of his property upon demand - to protect creditors. The debtor is not allowed to make donations or other dispositions that harm the creditors. **4. Post-interdiction transactions:** Whoever sells to or lends to the interdicted person after the interdiction has no right to claim until the interdiction is lifted. **5. Sale and distribution:** The judge may sell his property and distribute the proceeds proportionally among his creditors' accrued debts - this is the purpose of interdiction. Delaying this is procrastination and injustice to them. The judge leaves him what he needs like living expenses and housing.