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Ruling 2721

An executor must be sane. An executor must also be trustworthy regarding matters concerning the testator, and, based on obligatory precaution, matters concerning others. 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 disposal over the estate must have 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.