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Assalam Alaikum, My Elder brother passed away in an accident leaving behind his Wife, A six Year old Son, Mother and I’m His Younger Brother aged 31, another younger brother aged 28.We bother are not married. And 3 sisters out of which 2 are married and 3rd is to be married. My Brother was working in Bahrain and He was staying with his Wife and Son there. We stay in a House owned By My Brother at Bangalore.I want to know Who is the Legal Guardian of His Son in this case. Whether My Brother’s wife can be legal Guardian of my brother,s Son even if She decides to marry some body else? Also, whether His Mother along with his other brother continue to stay in his house in Bangalore and handover the property to his Son when He becomes Major? Please guide in this important matter.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Assalam Alaikum, My Elder brother passed away in an accident leaving behind his Wife, A six Year old Son, Mother and I’m His Younger Brother aged 31, another younger brother aged 28.We bother are not married. And 3 sisters out of which 2 are married and 3rd is to be married. My Brother was working in Bahrain and He was staying with his Wife and Son there. We stay in a House owned By My Brother at Bangalore.I want to know Who is the Legal Guardian of His Son in this case. Whether My Brother’s wife can be legal Guardian of my brother,s Son even if She decides to marry some body else? Also, whether His Mother along with his other brother continue to stay in his house in Bangalore and handover the property to his Son when He becomes Major? Please guide in this important matter.

Answer

(Fatwa: 2170/1768=B/1429)

 

If the brother of the late (i.e. uncle) is trustworthy and he will not misuse the wealth of his late brother and will look after the wife and children of his brother honestly then he will supervise them. But, if there is fear of misuse, which it is common today, then the mother shall supervise the children, this is safer too.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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