Unauthorized Possession by Natural Guardians on The Property of The Ward

In Islamic legal system the natural guardian is legally appointed to take care of a minor's interest and to manage the daily and possessions of the ward who does not possess the capacity by reasons of insanity, mental or physical illness and other disabilities in conducting his/her affairs. So the guardian is designated legally to supervise the property belonging to a minor. This guardianship continues even if the ward reaches the age of majority. Generally the ward cannot form an enforceable contract, but the guardianship of property is not a full right. Therefore, in some circumstances the guardian will be divested of authority and the contract entered into will be considered an unauthorized act, and maybe voidable, but it has its legal effects.Accordingly the contract would then be voidable at the option of the party claiming incapacity. Hence the ward can exercise his/her rights and waive the right of guardianship. There must be a bargain for exchange of promise meaning that something of value must be given in return. There is controversy among jurists and theologians regarding unauthorized possession and jurisdiction of guardianship. The diversity of their opinion may clarify the extent of valid and invalidpossession of the guardian. The present article attempts to bring into focus the different view points on the jurisdiction of guardianship. Furthermore, some examples of unauthorized acts by the guardian and the legal effects of its applicability have been analyzed as well.