DUŽNOSTI I PRAVA STARATELJA IMOVINE MALOLJETNIKA U ŠERIJATSKOM PRAVU I PORODIČNOM PRAVU FBIH
THE DUTIES AND RIGHTS OF GUARDIANS OF PROPERTY OF MINOR CHILDREN UNDER SHARI‘A LAW AND UNDER THE FAMILY LAW OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

Summary/Abstract: This paper is concerned with the duties and rights of the guardians of property of minors under Shari’a Law and under the family law of the Federation of Bosnia and Herzegovina. The main goal is to establish to what extent the relevant normative solutions under these two systems diverge and/or converge. The research for the article used a combination of analytical, synthetic and comparative methods. The general conclusion is that the legal systems are compatible in allocating more authority with regard to the property of minors to those exercising parental care than to those exercising guardianship, as well as in placing certain limitations on the guardian’s authority, especially in administering their wards’ property. The author notes that family law in the Federation of Bosnia and Herzegovina is closer to legislation in selected Muslim countries (Egypt and Syria) in allowing guardians a greater role in administering their wards’ property then to the doctrine of classical Islamic jurists. Clearly, numerous differences remain in regulating the individual powers of property guardians in the two legal systems.

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