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Ruling 2721

An executor must be sane; and with regard to matters concerning the testator himself, and, based on obligatory precaution, matters concerning others, an executor must also be trustworthy. Furthermore, based on obligatory precaution, the executor of a Muslim must be Muslim. To appoint a minor to be an executor on his own is not correct (ṣaḥīḥ), based on obligatory precaution, if the testator intends the minor to have disposal over the estate while he is still a minor and without the permission of his guardian (walī). The minor’s discretions over the estate must be carried out with the permission of a fully qualified jurist (al‐ḥākim al‐sharʿī). But if the testator intends the minor to have disposal over the estate after he has reached the age of legal responsibility (bulūgh) or with the permission of his guardian, then there is no problem.