9. When such people approach their majority their mental development should be watched so as to determine to what extent they have become capable of managing their own affairs.
10. Two conditions have been laid down for handing over the charge of their properties to such people. The first of these is the attainment of puberty, and the second is that of mental maturity - i.e. the capacity to manage their affairs in a sound and appropriate manner. There is full agreement among Muslim jurists with regard to the first condition. As for the second condition, Abu Hanifah is of the opinion that if an orphan does not attain mental maturity after he has attained puberty, the guardian of the orphan should wait for a maximum of seven years after which he should hand over the property to its owner regardless of whether he has attained maturity or not. According to Abu Yusuf, Muhammad b. al-Hasan and Shafi'i, maturity is an indispensable pre-condition for the handing over of property. If one were to apply the doctrine of the latter jurists it would probably be more appropriate to refer particular cases to a judge under Islamic law. If the judge is convinced that the person concerned lacks maturity he should make adequate arrangements for the supervision of that person's financial affairs. (For a more complete study of the subject see Jassas, vol. 2, pp. 59 ff.; Ibn Rushd, Biddyat al-Mujtahid, 2 vols., Cairo, Al-Maktabahal-Tijariyahal-Kubra, n.d., vol. 2, pp. 275ff.-Ed.)
11. The guardian is entitled to remuneration for his service. The amount of this remuneration should be such as is deemed to be fair by neutral and reasonable people. Moreover, the guardian is instructed that he should take a fixed and known amount by way of remuneration, that he should take it openly rather than secretly, and that he should keep an account of it.