I understand this is a sensitive situation involving the well-being of a young orphan and a financial dispute. Here's some guidance based on Islamic principles and Indian legal aspects:
Custody and Guardianship (Hiranat and ولاية Wilaayah):
Paternal Preference: Under Islamic law, the paternal uncle (Khal) usually has the preferential right to custody (Hiranat) and guardianship (Wilaayah) of the orphaned child, especially a girl, unless there are compelling reasons to the contrary.
Court's Decision: Ultimately, the court will decide guardianship based on the child's best interests. Both sides can present their case regarding their suitability to raise the child.
Financial Matters (Mal):
Child's Money: The money from the father's LIC policy belongs to the orphaned child. It should be used for her benefit, including education, healthcare, and future needs.
Dispute Resolution:
Sharia Council: Consider approaching a Sharia Council affiliated with a local mosque for mediation. They can help resolve the financial dispute based on Islamic inheritance principles.Legal Action: If mediation fails, a lawsuit can be filed in the civil court to recover the funds. This can be a lengthy process.
Minimal Resistance Path:
Negotiation and Agreement: Open communication and a written agreement outlining how the money will be managed for the child's benefit could be a solution. A neutral third party, perhaps a respected member of the community, could mediate the agreement.
Joint Account: Consider a joint bank account with representatives from both sides to manage the money for the child's well-being. This can build trust and ensure transparency.
Here are some resources that might be helpful:
Sharia Councils: Local mosques might have affiliated Sharia councils that offer mediation services.Lawyers: Look for lawyers with expertise in Islamic law and inheritance in West Bengal.