Orphans’ property
Islam is a religion of justice and goodness. It is strictly forbidden in Islam to oppress the weak, those who cannot stand up for themselves, and their property and rights as well.
Orphans also belong to the category of weak people. They are children who were left without the care of their father before they reached the adulthood.
The religion of the Almighty encourages us to treat orphans well. A great reward awaits a person for the kindness shown to them.
It is narrated from al-Bukhari that the Prophet Muhammad (peace and blessings be upon him) said, “I and a person who looks after an orphan and provides for him will be in Paradise like this,” putting his index and middle fingers together.
Also, the Messenger of God (peace and blessings be upon him) said, “Whoever rubs an orphan’s head and only does so for the sake of Allah, then for each strand of hair he rubs he will gain good deeds” (Narrated by Ahmad).
Well, committing evil and injustice to an orphan is one of the gravest sins. Almighty God in the Koran says (meaning), “So do not oppress the orphan,” (Sura Ad-Duhaa, ayah 9).
The Messenger of God (peace and blessings be upon him) in a supplication to the Almighty said, “O Allah the Almighty, truly, I warn and accuse of the gravest sin those who infringe upon the rights of two weak peoples: orphans and women.” (Narrated Al-Nasai).
When a father or any close relative (mother, grandfather, etc.) dies leaving behind a minor child, the child inherits a certain share of the property. No one has the right to dispose of this property and spend it in their own interests. It is considered as the forbidden devouring of an orphan’s property, which is spoken of in the Koran and for which a great torment awaits a person (meaning): “Indeed, those who unjustly consume orphans’ wealth (in fact) consume nothing but fire into their bellies. And they will be burned in blazing Hell!” (Sura An-Nisa, ayah 10).
An orphan’s guardian must take care of this property, not letting it decrease even by the amount of zakat paid. He should strive to increase the orphan’s property in various ways: by directing it into trade or by purchasing real estate or renting it out. This is considered as the approach to the property of an orphan for the good, and it is repeatedly mentioned in the Koran (meaning), “Do not come near the wealth of the orphan - unless intending to enhance it - until they attain maturity. Honour (your) pledges, for you will surely be accountable for them.” (Sura Al-Isra, ayah 34).
But before you put the orphan’s property into circulation, you need to think it over carefully. You cannot invest in a business where there is a high probability of loss or bankruptcy.
After the orphan reaches the age of majority, the guardian must return his property. But before that, you need to test him as to whether he can properly dispose of the property and whether he will waste it, thereby causing himself a loss.
God the Almighty says in the Koran (meaning), “Test (the competence of) the orphans until they reach a marriageable age. Then if you feel they are capable of sound judgment, return their wealth to them. And do not consume it wastefully and hastily before they grow up. If the guardian is well-off, he should not take compensation but if the guardian is poor, let them take a reasonable provision. When you give orphans back their property, call in witnesses. And sufficient is Allah as a (vigilant) Reckoner.” (Sura An-Nisa, ayah 6)
Show goodness and love to orphans, treat them and their property with care, otherwise you will expose yourself to a destructive sin.
The Messenger of God (peace and blessings be upon him) said, “Avoid the seven destructive sins.” They said, “O Messenger of God, what are they?” He said: “Associating partners with God; magic; killing an innocent person except by legal right; consuming usury; consuming the property of an orphan; retreating from the battlefield; and slandering chaste, innocent and believing women.” (Narrated by Al-Bukhari and Muslim).
