SURAH AN-NISA (WOMEN): 6

TRANSLATION:

[4:6]

Test the orphans until they reach the marriageable age. Then, if you perceive in them proper understanding, hand their property over to them, and do not consume it extravagantly and hastily, lest they should grow up. Whoever is rich should abstain (from using it for himself), and whoever is poor may have from it (to the extent of his necessary need) with fairness {6}. So, when you hand their property over to them, make witnesses upon them. Allah is sufficient for reckoning 

INTERPRETATION:

In the verse above, it has been recommended that the guardian should test the orphan from time to time to assess whether they have attained sufficient maturity to handle their own finances properly. It has also been clarified that just reaching puberty is not sufficient for this purpose, even after they have reached puberty, if it is felt they have not gained enough maturity their assets should not be handed over to them, rather, these should be handed over to them when their guardian feels that they have developed sufficient understanding.

{6} The guardians of orphans have to carry out a number of different duties. If the guardian is a well to do person then it is not correct for him to charge for carrying out those responsibilities. It is similar to not charging for looking after one’s own children. However, if he is poor, and the orphan’s estate is substantial, then it is permissible for him to draw his essential expanses from the orphan’s estate. However, he should be very careful in that he only takes what is the customary practice of that time, he is not allowed to charge more than that.