NATURAL GUARDIANS UNDER MUSLIM LAW

In all schools of both the Sunnis and the Shias, the father of the minor child is recognized as
guardian which is equivalent to the natural guardian. The mother is not recognized as guardian of
the child even after the death of the father. The father’s right to guardianship exists if the custody
of the child has been given to mother or any other female associated with the child. The father
has full control over the education and religion of the minor child and he can take all the steps
for the betterment of the child. Therefore, as long as father of the child is alive, he is sole and
supreme guardian of his minor child.

The father’s right to guardianship extends only over his minor legitimate child or child below 18
years. He is not entitled to guardian or to custody of his illegitimate minor child. However,
mother is entitled to custody of her illegitimate child regardless of the fact that she has not been
accorded guardianship of her illegitimate child. The mother Right to Hizanat i.e. custody of her
minor child is in no sense is absolute right and father is still the legal guardian of his children.
Father is also entitled to get custody of his minor child in two cases. Firstly, on completion of the
age of the child up to which mother or other females are entitled to its custody. Secondly, in
absence of mother or any female who have right to hizanat. The father right to custody of his
children extends till their puberty.

Among the Sunnis, the father is the only natural guardian of the minor children and after the
death of father, the status of guardianship passes on to the executor. Among the shias, after the
death of father, guardianships belong to the grand-father even though executor has been
appointed by the father. No other person can be natural guardian not even the brother. In the
absence of grandfather, the guardianship ultimately goes to grandfather’s executor if any. Under
Muslim law, father is natural guardian i.e. de jure guardianship of the minor or lunatic or its
property. He has the legal authority to control and supervise the activities of the child.

The guardianship of a minor’s property belongs primarily to the father who is the natural
guardian. After his death it belongs to executor appointed by the father under a will and act as a
guardian of minor child. If father dies without appointing any executor, the paternal grandfather
is entitled to guardianship of minor’s property as a legal guardian. After the death of paternal
grandfather his executor if any acts as guardian of minor’s property. In the absence of executor
appointed by grandfather, it is the duty of court to appoint a guardian by supervising minor’s
property under The Guardian and Wards Act, 1890.