Protecting Orphan Wealth: Islamic Guidance on Guardianship and Responsibility

Understanding the Rights of Orphans: A Divine Commandment

ALLĀH says,

وَءَاتُواْ ٱلۡيَتَٰمَىٰٓ أَمۡوَٰلَهُمۡۖ وَلَا تَتَبَدَّلُواْ ٱلۡخَبِيثَ بِٱلطَّيِّبِۖ وَلَا تَأۡكُلُوٓاْ أَمۡوَٰلَهُمۡ إِلَىٰٓ أَمۡوَٰلِكُمۡۚ إِنَّهُۥ كَانَ حُوبًا كَبِيرًا
Give orphans their property, and do not exchange the bad for the good, nor consume their wealth by mixing it with your own, for this is indeed a great sin.

This is the first issue with regard to the rights of people in this sūrah. This refers to orphans who have lost their fathers, who had been taking care of them, when they are still small and vulnerable, unable to take care of themselves. So the Most Compassionate, Most Merciful enjoined HIS slaves to treat orphans well and not to come near their wealth except in the best manner, and to give their wealth back to them when they reach adulthood and become mature.

Also, HE instructed them not to “exchange the bad”, which refers to consuming the orphan’s wealth unlawfully “for the good”, which refers to that which is permissible and with which there is nothing wrong “nor consume their wealth by mixing it with your own”.

This verse highlights the abhorrent nature of consuming their wealth in this case, when the provision that ALLĀH has granted him should mean that there is no need to take their wealth. Whoever transgresses the limits in this case has committed “a great sin” that is, a grievous sin. Another type of exchanging bad for good is when the guardian takes what is precious from the orphan’s wealth and replaces it with what is inferior of his own wealth. This verse proves the validity of guardianship over orphans, because the implication of giving orphans their wealth is that the one who gives them their property is their guardian. It also instructs guardians to take proper care of orphans’ property, because giving him his wealth properly requires taking care of it and doing that which will keep it safe and make it grow, and not exposing it to danger.

{Tafsi‌r As-Sa’di}

Abu Huraira (may ALLĀH be pleased with him) reported: The Prophet (ﷺ) said, “Avoid the seven great destructive sins.”

They (the people!) asked, “O ALLĀH’s Messenger (ﷺ)! What are they?”

He (ﷺ) said, "To join partners in worship with ALLĀH; to practice sorcery; to kill the life which ALLĀH has forbidden except for a just cause (according to Islamic law); to eat up usury (Riba), TO EAT UP THE PROPERTY OF AN ORPHAN; to give one's back to the enemy and fleeing from the battle-field at the time of fighting and to accuse chaste women who never even think of anything touching chastity and are good believers." {Al-Bukhārī #6857, Muslim #89}