🌍 Children, inheritance & global · #68
If we both die, who will look after the children? Can a guardian be appointed in a will?
Yes, and it is strongly encouraged: parents can state in a will whom they wish to look after the children and manage the children's property, though the court will still weigh the children's welfare and the order of custody.
The Prophet ﷺ encouraged writing and keeping a will (Sahih al-Bukhari 2738), and Allah tells parents to be mindful of weak offspring they leave behind (an-Nisa' 4:9). Islamic family law distinguishes care of the child's person (hadhanah) from guardianship of the child's property; the father and paternal grandfather come first as guardians of property, and Act 303 s.91 deals with appointing the mother as guardian by will. Choose a trustworthy guardian, discuss it with them first, and make sure funds for the children — for example takaful with hibah, or a trust — are in place. Update the will when circumstances change. See Preparing for death.
The Prophet ﷺ encouraged writing and keeping a will (Sahih al-Bukhari 2738), and Allah tells parents to be mindful of weak offspring they leave behind (an-Nisa' 4:9). Islamic family law distinguishes care of the child's person (hadhanah) from guardianship of the child's property; the father and paternal grandfather come first as guardians of property, and Act 303 s.91 deals with appointing the mother as guardian by will. Choose a trustworthy guardian, discuss it with them first, and make sure funds for the children — for example takaful with hibah, or a trust — are in place. Update the will when circumstances change. See Preparing for death.