If the guardian does not possess these qualities, he must be replaced by someone suitable. He is not entitled to the stipulated remuneration. However, if he performs work for the orphans that warrants customary remuneration, it is treated like work performed under other invalid contracts.
He was asked:
A man married his daughter to someone, and she has lived with her husband for years. Her father then came to request something to meet her needs, but the husband said, “I am under legal interdiction, and what is recorded in the document is subject to that interdiction.”
He replied:
His mere assertion that he is under legal interdiction is not accepted. Rather, the presumption is that his transactions are valid and that he is not under interdiction, unless the interdiction is established. Allah knows best.
He—may Allah have mercy on him—was asked:
A man married a woman and had a child by her. Her father wanted to take control of her property and use it for his own benefit, but she prevented him. He then claimed that she was under legal interdiction. Is this claim of his to be accepted when she has displayed no financial imprudence warranting interdiction? May she prevent him from disposing of her property?