Will of Entrustment as a Means of Protection of the Child’s Right to Property in Islamic Law

• Main Author: Badruddin Hj Ibrahim
• Format: Article
• Language: English
• Published: Social Sciences Research Society 2012-01-01
• Series: International Journal of Social Sciences and Humanity Studies
• Online Access: http://www.sobiad.org/ejournals/journal_IJSS/arhieves/2012_1/badruddin_ibrahim.pdf

Children are the future of a Nation. Due to vulnerability, they require protection inmany aspects of their life. Parents are main supporters and sustainers of thechildren during their lifetime. After their death, their property left for theirchildren may provide a continuous financial support for the children maintenance,education and welfare. The issue arises as to the protection and administration ofthe property, as children due to their deficiencies, are not able to manage themwisely. If a qualified person is not appointed to carry out the task, it will lead tomisappropriation and embezzlement of property. Therefore, in order to protect thechildren’s rights to property, it is very significant to appoint a person as a trustee,so that the children’s property may be properly safeguarded and administered.This paper seeks to examine means of protection of child’s right to property afterthe death of his parents in Islamic law through the instrument of will ofentrustment (al-wisoyah). Examination extends to the provision of Islamic law inMalaysia which serves as a comparison. The research is basically a libraryresearch, undertaken on the premise that Islamic law has mechanism of providinga solution for protection of the child’s right to property after the death of hisparent.