Saudi Gazette report The issue of male guardianship is once again in the spotlight with many women still being deprived of their rights because their guardians believe that they have complete domination and right to act and decide on their behalf, Al-Riyadh daily reported. The concept and purpose of guardianship as approved by Islamic laws is to ensure the protection of women and children, and maintain a sense of security and stability in the family. However, many men misunderstand this concept and believe that their mandate over their daughters or sisters or even mothers, means complete domination of all aspects of their lives. Some guardians neglect their duties and responsibilities as required by their guardianship, due to the effects of alcoholism, drugs, or because of illnesses and psychological ailments. Between the abuse and violence of some and the inattentiveness and disqualification of others, laws remain the strongest and most capable way to protect the weaker party. Guardianship is governed by certain rules and conditions, and those who do not appreciate the importance and value of their roles as guardians can have their privileges revoked by a court. During the first two months of the current Hijri year, courts reviewed 101 Adl cases (where the guardian prevents a woman from marrying), of which 35 percent were filed in Riyadh courts. This represents a 40 percent increase for the same period last year, which underscores the importance of correcting many parents' understanding of guardianship. Dr. Ibrahim Altanam, assistant professor of Jurisprudence at the Shariah and Islamic Studies college in Al-Ahsa, said that the word “guardianship” implies meanings of care, guidance and direction. He pointed out that Muslim scholars have consistently used this word instead of the term “authority” as it implies utter power of authoritarianism, which Islam refuses it in all its meanings and implications. “The spirit of Islam supports meanings of custodianship and guardianship in their true conventional meaning, but many have misunderstood that meaning, and believe that it gives them absolute power and authority to use it however and whenever they wish,” he said. He added that the true meaning of guardianship implies caring for, managing, and implementing matters that concern others. “The term guardian does not apply to anyone, but only to certain individuals who possess certain merits,” he said. Dr. Altanam stressed that the Shariah has ensured the rights of everyone, whether they are young or old, and guardians who alienate and misuse their guardianship are disciplined and their guardianship is taken away from them. “If it is proved that a guardian is using drugs or alcohol, or has bad manners, then the judge may assign one of his relatives to assist him, and if such action is still not successful, then the judge has the right to disqualify the guardian, and transfer the right to another guardian whom the judge believes is qualified to act as a guardian,” he said while underlining the importance of educating society on guardianship duties and the rights of those under their guardianship. Lawyer Abdulaziz Al-Shabrami said that although Islam has granted men stewardship over women, it has also criminalized Adl, injustice, oppression, and depravation of rights. “A guardian does not have the right to prevent those under his guardianship of anything, unless it is a religious or worldly evil,” he said. He called for combined efforts from the concerned authorities to educate the public and set up legislations for the punishment of guardians who misuse their guardianship. Mashael Al Sinani, legal adviser at the national family protection program, said Islam has allowed women to fully manage themselves and guardians have no right to interfere in these rights, whether they are right or wrong. She pointed out that a father's guardianship of his daughter is only for marriage purposes, where he should make sure that she marries a qualified husband. Dr. Nora Alajllan, vice president of the National Society on Human Rights, said that one of the most common abuse of guardianships, hiding the probative document of children, deprives them of education, access to health care and other rights. She added that although society has become more aware of their rights, victims do not come forward because they cannot find the necessary support.
