Dubai Judicial Institute (DJI), a leading center of law studies and judicial training in Dubai, hosted yesterday (Wednesday, December 23, 2009) a seminar to discuss the issue of ‘guardianship’ as stipulated in the UAE's Personal Status Law. The seminar was led by Dr. Muhammad Abdul Rahman Duwaini, Professor of comparative jurisprudence at DJI, and was attended by representatives of Dubai Charity Establishment for Women and Children, Sharjah Faculty of Law, Islamic Affairs and Charitable Activities Department in Dubai, Dubai Police General Headquarters, Knowledge and Human Development Authority-Dubai, and Um Al Moumineen in Hatta.
The seminar discussed the legal experts' definitions of ‘guardianship’ which covered the raising of children under custody in accordance with Islamic principles. It also tackled ‘guardianship’ from the legal viewpoint, defined by Article 142 of UAE's Personal Status Law “keeping and raising the child in a manner that does not conflict with the right of the custodian's care of the concerned individual.”
Dr. Duwaini, author of “Guardianship - According to UAE’s Personal Status Law enhanced by the judicial precedents of the Cassation Court in Dubai”, reviewed the terms agreed upon, and inferred that a ‘guardian’ should be an adult, competent and trustworthy, and is mentally sound and capable to raise the child and keep the child safe and protected. The guardian’s duty also calls for taking utmost care of the child in accordance with Islamic Sharia principles. Furthermore, the seminar also detailed the hierarchy of persons who have the right of custody from a religious and legal perspective, as well as specifying guardianship rights when there is a difference in gender between the guardian and the child. The laws applicable as far as travel restrictions for the child within the country or abroad were also discussed. Dr. Duwaini also highlighted the issue of custody remuneration and the conditions for entitlement, as well as the related clauses and restrictions as stipulated in Article 148 of UAE’s Personal Status Law.
Dr. Jamal Alsumaiti, Director General of Dubai Judicial Institute, said: "Guardianship is a matter of extreme importance as it has to do with ensuring the well-being of the child without letting the complications of the parents’ divorce affecting the child. Through this seminar, we aimed to discuss the most prominent issues related to guardianship, with the underlying objective of establishing a clear understanding of the terms, provisions, clauses and expenses related to guardianship as stipulated in the UAE's Personal Status Law. Dubai Judicial Institute will continue its efforts to regularly organise similar educational seminars and events in line with our objective of spreading legal knowledge and raising public awareness about their rights and duties.”
"Moreover, the seminar complements the strategy and vision of Dubai and the UAE which aims to promote sustainable social development in the long term. The seminar discussed guardianship issues mentioned in the book authored by Dr. Duwaini titled “Guardianship - According to UAE’s Personal Status Law enhanced by the judicial precedents of the Cassation Court in Dubai, which is part of a special seven-book series being published by DJI. The books are being launched in line with the Institute’s commitment to contribute towards the creation of a knowledge-based society,” he added.
Established in 1996, the Dubai Judicial Institute regularly conducts initiatives aimed at upgrading judicial training standards and spreading law-related knowledge, while also developing human resources. Initiatives include seminars, rehabilitation programs, and training courses for aspiring judges, prosecutors, legal assistants, and attorneys. The Institute, as part of its future plans, aims to provide legal consultancy to various public and private organisations in the UAE and conduct research and studies in all legal and judicial areas.
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