Forensic Accountability on the Funds of Minors: A Comparative Study between the Fiqh (Islamic Jurisprudence) and the Jordanian Legislation

Abstract

Objectives: the purpose of study is to explore the meaning of accountability on funds of minors in Islamic jurisprudence and legislation governing Jordanian Shari 'a courts, which aim to maintain funds of minors unable to manage their monetary dispositions themselves either de facto or de jure throughout monitoring and instituting the forensic accountability proceedings before court of competent jurisdiction.

Methods: researchers used comparative method by demonstrating approachfollowed by law to look after and manage funds of minors. The analytical method was also used at all stages of research.

Results: The study found that term "minor" in Jordanian legislation include anyone who fails to manage their finances, either as practical consequence, or judicial action. It also found that Jordanian legislation used disciplined approach to collect the interests of those in charge of them in view of the existence of jurisprudential guidance.

Conclusions: The study concluded that meaning of the term "minor"includes people who are incapable of managing their monetary disposition as well as those of equivalent through judicial order, even latterhave attained full contractual capacity, but some of their monetary dispositionsis similar to that of the minor, insane, and imbecile: since they waste their money due to lack of awareness to consequences resulting from their verbal actions, they were prevented from disposing of their money by law. Consequently, the "foolish" and "heedless" have become meaning variations of term "minor". The study recommends necessity of issuing law concerned with financial representation on others behalf.