Court orders retrial in case of wealth guardianship

ABU DHABI — The Supreme Federal Court has quashed a verdict by the lower courts in regard to a suit concerning the guardianship of an extravagant son over his mother and his control over her wealth.

By Adel Arafah

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Published: Sun 5 Mar 2006, 9:39 AM

Last updated: Sat 4 Apr 2015, 7:26 PM

The suit was filed by another son of the woman who alleged that his brother was squandering away their mother's wealth.

Fuad S., the plaintiff, accused his brother Derar S. of squandering their mother's wealth in personal luxuries. He claimed that his brother's extravagance and unwise spending habits made him legally unfit to handle their mother's wealth, to which both of them are equal heirs.

Fuad alleged in his suit filed before the Abu Dhabi Shariah Court of First Instance that Derar had obtained a verdict from the court in the absence of their mother, which put him in charge of all her wealth. He prayed that Derar be divested of their mother's guardianship and subsequently deprived of access to her funds. He also asked the court to entrust the guardianship of the properties to the Minor's Affairs Department and appoint a government custodian till a verdict is issued.

The Abu Dhabi Shariah Court of First Instance dismissed the suit and Fuad appealed it's verdict at the Court of Appeal. The appeal court, however, upheld the lower court's verdict, prompting Fuad to resort to the Supreme Federal Court.

The Supreme Federal Court agreed with Fuad and said that as per the Maliki School of Islamic Jurisprudence, a guardian should be honest and Derar did not fulfil this condition. The apex court quashed the verdicts by the lower courts and ordered retrial of the case by a new bench of judges.



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