The financial liability of children in Islamic law.

Document Type : Original Article

Author

Faculty of Law – Mansoura University

10.21608/mjle.2025.457723

Abstract

This study addresses the topic of the financial liability of children in Islamic Sharia, a significant issue that reflects the comprehensiveness and fairness of Islamic law in regulating individual rights, even during early stages of life. The study explores the concept of financial liability, the conditions under which a child acquires it, and the extent of a child's capacity to conduct financial transactions, distinguishing between discerning and non-discerning minors. It also examines key Islamic jurisprudential rulings related to the management of minors’ property, the role of guardians or trustees, and the legal constraints that govern their actions on behalf of the child. Additionally, the study reviews contemporary applications of these rulings, such as bank accounts, inheritance management, gifts, and the child’s liability in cases of property damage. The study illustrates how Islamic law balances the protection of a child’s financial interests with gradually granting them a degree of financial independence based on their level of discernment. The study concludes that financial liability for children in Islamic Sharia is valid and recognized, with a focus on gradual capacity and legitimate interest, ensuring both rights protection and the development of responsibility in young individuals.

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