Guardianship over the Inherited Property of Persons with Intellectual Disabilities under Islamic Family Law: A Case Study in Petobo Urban Village, South Palu

Abstract

Guardianship over persons with intellectual disabilities is a form of protection for civil rights, and it becomes pressing when the person concerned inherits property and must manage it. This study analyzes the relevance of the concept of al-ḥajr to the management of inherited property belonging to persons with intellectual disabilities, examines how inheritance rights are protected in guardianship practice in Petobo Urban Village, South Palu, and identifies the measures that prevent guardians from misusing such property under Islamic family law. The research is qualitative and takes the form of field research. Data were gathered through observation, in-depth interviews, and documentation, with informants comprising guardians, family members, and urban village officials. The findings show that guardianship practice in Petobo is strongly relevant to al-ḥajr. Families restrict the management of property by heirs who cannot yet grasp the value of property or the legal consequences of an act, while ownership remains vested in the person with a disability as a lawful heir. Inheritance rights are protected through management by trusted relatives, the fulfillment of daily needs, and family deliberation. Misuse is prevented through family supervision, openness, the value of amānah, and use of the property oriented toward the owner’s welfare. These arrangements nevertheless remain informal and rest on no court order or formal mechanism of accountability, so legal certainty is not yet optimal. The study argues for a three-layered model that adds administrative recording and recourse to formal legal mechanisms to the familial protection already in place.