Financial guardianship over minors to be lifted at the age of 18
The article stipulates that minors shall be placed under financial guardianship until they attain the age of 18, in accordance with what is considered by the jurists as a suitable age for lifting guardianship on minors.
Guardianship is lifted upon ensuring adulthood and good disposition of money by the minor, along with other legal matters, which are familiar among the majority of Muslim scholars and jurists when lifting and terminating guardianship on minors.
On the other hand, Article No. 244 (bis) of the law of Civil Procedure has authorized the competent court to order maintaining the financial guardianship of minors even if the minor has reached the age of 18.
The court shall hand down such a ruling ordering the continuation of the guardianship on the minor despite attainment of the age 18 in case if there was a legal ground or reason which demands the continuation of the guardianship like in the case when, the legal guardian of a minor submits to the court an application therein requesting the continuation and maintaining of the guardianship on a minor wherein the guardian states the legal grounds that could justify his/her request, such as lack of maturity of the minor or lack of the sound mind or manner as to how the minor disposes of his/her money.
It is worth noting that age has nothing to do with how one gets fully rational or how he/she behaves with maturity.
A minor may attain puberty, but he or she may still be immature or may still not be rational. He/she may reach puberty and be rational before the age of 18. A minor, when getting mature, may not dispose of the money in a sound manner even after attaining maturity. Some may uses the money in a good manner before reaching the legal age, which is jurisprudence Tilly stipulated.
The issue has absolutely nothing to do with age. There is also no connection between adulthood and rationality, or between adulthood and how one well behaves.
The main principle that the majority of scholars and jurists agree to is that reaching the specific age of 18 will undoubtedly lead to getting the minor out of the control of the guardian, in accordance with the law. Therefore, the financial guardianship placed over the minor shall be terminated even if the rationality and good disposition of money contradicts the age.
So, reaching the age of 18 remains always the basis on which a minor becomes uncontrolled by the guardian in terms of the financial guardianship, even if rationality and good disposition of money preceded such age or came later after the passage of a period of time or some years following such an age.
If the reasons, grounds and the legal provisions required to revoke the guardianship of a minor have come first or later, it will not make any difference. Both are the same in line with what is agreed to and ruled by a majority of Muslim scholars and jurists.
Eventually, to emphasize what is stated above, the Shura Council issued a decision ordering the termination of the financial guardianship placed over a minor upon reaching the age of 18.
To consolidate the decision, Article No. 244 (bis) has been added to the law of Civil Procedure. Excluding from which, the competent court may issue a ruling or an order, which may keep the minor under the guardianship of his/her curator, even if the minor attains such a legal age, just in case the court believed that there is a legal ground or justification for that.
Once again, this article has allowed the legal guardian of a minor to approach the court and demand the minor to remain under his/her guardianship despite the fact that the minor reaches the legal age, whereby a minor gets out of the powers of the guardian, subject that the application is to be supported by sharia or legal grounds that could justify the request till the court orders to keep the minor under the guardianship of the conservator.
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