The World Federation One Stop Fiqh

Ruling 2097

The father and paternal grandfather of a child, and the executor (waṣī) of the father or the executor of the paternal grandfather of a child, can sell the property belonging to the child. In case none of them is alive, a dutiful (ʿādil) jurist (mujtahid)9 can also sell the property of an insane person, an orphan child, or a missing person if a matter of primary importance necessitates it.

9 A mujtahid is a person who has attained the level of ijtihād, qualifying him to be an authority in Islamic law. Ijtihād is the process of deriving Islamic laws from authentic sources.