An Analytical Study of Contemporary Issues of Wages for Guardianship in the Light of the Opinions of the Four Imams

Abstract

This research presents an analytical study of contemporary issues concerning wages for guardianship (ujrah al-wilayah) in the light of the opinions of the four major Imams — Abu Hanifah, Malik, al-Shafi‘i, and Ahmad ibn Hanbal. The study explores the classical jurisprudential foundations of guardianship in Islamic law, its types, and the conditions under which compensation or wages may be lawfully received. It then examines the application of these principles to modern contexts such as legal guardianship, custodianship of minors and orphans, and institutional guardianship within Islamic financial and social welfare systems. Through a comparative analysis of the classical juristic positions and contemporary fiqh academies’ resolutions, the study aims to harmonize traditional rulings with the socio-economic realities of the modern age. The findings reveal that while classical jurists generally discouraged monetary gain from guardianship due to its fiduciary and moral nature, contemporary scholars allow wages under specific conditions of necessity, institutional management, and professional service — provided that justice, transparency, and Sharia compliance are maintained.