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Sura 4
Aya 5
5
وَلا تُؤتُوا السُّفَهاءَ أَموالَكُمُ الَّتي جَعَلَ اللَّهُ لَكُم قِيامًا وَارزُقوهُم فيها وَاكسوهُم وَقولوا لَهُم قَولًا مَعروفًا

Yusuf Ali

To those weak of understanding1 Make not over your property,2 which God hath made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice.
  • This applies to orphans, but the wording is perfectly general, and defines principles like those of Chancery in English Law and the Court of Wards in Indian Law. Property has not only its rights but also its responsibilities. The owner may not do just what he likes absolutely: his right is limited by the good of the community of which he is a member, and if he is incapable of understanding it, his control should be removed. This does not mean that he is harshly dealt with. On the contrary his interest must be protected, and he must be treated with special kindness because of his incapacity.
  • Your property: Ultimately all property belongs to God, and is intended for the support of the community. It is held in trust by a particular individual. If he is incapable, he is put aside but gently and with kindness. While his incapacity remains, the duties and responsibilities devolve on his guardian even more strictly than in the case of the original owner: for he may not take any of the profits for himself unless he is poor, and in that case his remuneration for his trouble must be on a scale that is no more than just and reasonable.