حكم أخذ الوصي أجرة من مال اليتيم في ضوء القرآن الكريم (دراسة نقدية لتفسير المصباح لمحمد قريش شهاب)

Abstract

There are two differing opinions regarding the law on utilizing the property of orphans. This disagreement stems from different interpretations of the Quranic verses concerning orphans' wealth. Therefore, a study analyzing the legal status of taking a fee (wage) from an orphan's estate by examining relevant Quranic interpretations is essential. The research problems are formulated as follows: How does Quraish Shihab interpret the verses regarding orphans' property in the Quran? What is Quraish Shihab's view on the provisions for taking a fee from an orphan's property? And how relevant is Quraish Shihab's perspective compared to the interpretations of other Quranic commentators (mufassir)? This is a qualitative study based on the works of mufassir; thus, it is categorized as library research. Based on the existing interpretations, it can be concluded that Quraish Shihab permits a guardian who cares for an orphan to take a portion of the orphan's property as compensation for their services, provided the guardian is in a state of dire financial necessity (mudharat). However, several aspects of Quraish Shihab's views regarding this law warrant critical evaluation: First, regarding the permission to take the property due to financial urgency: according to many mufassir, such funds are considered a debt that must be repaid, rather than a wage or fee. Second, regarding the permission to take a fee: scholars generally limit the amount to the standard market rate (ujrah mitsil), rather than basing it on the guardian's personal level of financial need.