And any of them who speaks on this matter in order to divert the property to someone not entitled to it is sinful in doing so, by agreement of the imams. And Allah knows best.

He—may Allah have mercy on him—was asked:

A man has an orphan in his care whose property he holds. He has spared the orphan’s property the cost of his upkeep and supports him from his own funds. May he invest the orphan’s property in trade or purchase real estate to increase and develop it without the judge’s permission?

He replied:

Yes, he may do so; indeed, he ought to. He does not need the judge’s permission if he is an appointed guardian. If he is not an appointed guardian, and the person overseeing orphans’ property is a knowledgeable and just judge who safeguards it and directs that it be managed in their best interests, he must seek his permission to do this.

If seeking his permission would lead to the property being lost—for example, if the judge or his deputy is corrupt, ignorant, incapable, or fails to safeguard orphans’ property—then the person holding it is to safeguard it and manage it in the orphan’s best interests without seeking the judge’s permission.