Abstract

This study deals with a very important aspect  which is “the extravagance and excessiveness by the guardian in eating from the orphan’s money”. It emphasizes that Islamic religion prohibits and bans the extravagance, especially in cases in which the guardian, who is responsible for the orphan’s money with protection, care and  (investment), uses the orphan’s money in an extravagant and excessive way. However, the Islamic jurisprudence  permits the guardian to eat from the orphan’s money, but in a reasonable way. This is stressed in the following verse (ayah) from the glorious Qur’an: ﴾and whoever (amongst the guardians) is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his labour)  ﴿ {An-Nisa’ surah, ayah: 6}. This is because the basic principle stresses on the prohibition of the orphan’s money. This permission is limited to this glorious text (ayah) only, which permits only the poor guardian to spend  from the orphan’s money.
This study has proved the prohibition of taking from the orphan’s money without a lawful (legitimate) purpose, except what was exempted by the Islamic texts. The study has showed the merits of the Islamic law (Shari’a) in honoring orphans, and safeguarding their money as well as caring and developing it.
This study has concluded that the rich guardian is not permitted to spend  from the orphan’s money. However, the poor guardian is permitted to take less than his actual wage or the service he provides for the orphan. Moreover, The guardian is not allowed to take anything as a kind of compensation if his financial condition gets better. He is not allowed to get any benefit except for the food and drink.