Bahraini man's guardianship of his sister revoked allowing her to marry Gulf suitor

TDT | Manama

The Daily Tribune – www.newsofbahrain.com

The Supreme Sharia Court revoked a Bahraini man’s guardianship of his sister, transferring it to a Sharia judge so that the plaintiff may marry a young man whose integrity had been proved to the court.

The brother had previously rejected the young man’s proposal. The Court confirmed that a guardian’s obstruction of his charge’s marriage without legitimate cause is not permissible under Article 17 of the Family Code.

The law permits the transfer of guardianship to a Sharia judge to prevent injustice, emphasising that a guardian must consider the interests of those under his care, particularly his daughters or sisters.

The Bahraini plaintiff had filed a case before the court, demanding that her brother’s guardianship be revoked because of his obstinacy in rejecting the plaintiff’s marriage to the man she wishes, despite the fact that her father had died.

The defendant declined the proposal of a decent young guy from a Gulf state, claiming a religious barrier existed. Initially, the case was referred to the Family Reconciliation Office, but the two sides disagreed on the outcome.

The Court referred the matter for investigation and heard testimonies of witnesses who affirmed under oath that the suitor is a competent, decent man and that there are no religious hurdles to the marriage.

At the end of the investigation, the court agreed that a guardian’s reluctance to allow his charge, a sane lady, to marry her intended spouse without a legitimate reason is not acceptable and automatically transfers guardianship to the Sharia judge.

The Court stressed that the aforementioned act is forbidden by Sharia as a form of injustice, since the guardian is obligated to look after the interests of those he has guardianship over.

“It was proved that the defendant’s refusal was detrimental to the plaintiff’s wellbeing and that no impediments existed to prevent her marriage to the suitor. Thereby, the court responded to the plaintiff’s request, transferring guardianship to the Sharia judge for her marriage and obligating the defendant to the expenses,” the court ruling stated.