Living Custodians
In Saudi Arabia, women form an integral part of society, with their rights and privileges clearly defined by laws and established traditions. Such rights extend to their adoption of a Wali or custodian, a man who is the guardian of his female family members. In the current age, the question of whether a Saudi Arabian man can be guardian to two women has been posed to experts.
Families in Saudi Arabia typically consist of three generations with each generation having established roles and responsibilities. The elder generations are the decision makers and are responsible for the philosophy and structure of the custodianship. The younger generations, including those in college or those who have careers, depend heavily upon the support of their elder family members. Thus, the support of a wali is a mainstay for women who may require legal approvals or financial assistance.
The official stance on a Saudi Arabian man being a custodian to two women is that there is no law allowing for it. According to experts, a single man would not be allowed to take up custodianship of two women. In such a case two males would have to be appointed as guardians of these two women, and even then the guardian would need to meet certain criteria before his appointment.
There exist examples where two brothers or an uncle and his son share guardianship for the same two women. But these are not legal binding. The guardianship of two women by a single man is not accepted by the courts. A single man has to be appointed as custodian for just one woman.
In the case of divorce, the court may grant guardianship of his ex-wife to her father or brother. The custodian in such cases should be a male relative who is financially solvent and morally clean. The woman seeking a custodian can approach the court and present evidence to the court stating the reasons why she needs a custodian. Once appointed, the custodian has the power to file cases for his ward, manage minor matters, conduct foreign trips, and sign legal documents for her.
Many cultures have a tradition of guardianship and it is one of the most important relationships in traditional Saudi Arabian society. As per the law, a woman cannot remain without a guardian and the court must appoint a wali to ensure that the female is not deprived of her rights. The privileges of a custodian includes managing money transactions, travel documents, representative in courts, and even marriage of his ward.
In Terms of Finances
In terms of financial decisions, each woman must provide consent. If a woman cannot make decisions on her own, the custodian must take the lead. A man can be granted official guardianship for one of his female relatives if the family deems it necessary. The Guardianship Law states that a woman may hire a guardian if one is not available, or can veto the wishes of a guardian if the decisions being taken run counter to her interests.
In the case of two women, the two closest relatives can act as wali. However, if the two women are sisters, for instance, the court can give the decision and name one man as the guardian for both. But even if a single guardian is appointed it is not necessary that he will be the only one handling all issues related to the two women. Issues related to the two women can be handled by two different people.
Generally, modern courts give the ruling based on family ties, wherein if a brother is failing to take responsibility of his two sisters, then the court may grant custodianship of both siblings to the father. He will be responsible for both of them, such as ensuring their education, health, and marriage.
Another example is when a mother loses her husband due to death or divorce. The court may grant custodianship of her two daughters to one of her brothers, rather than to the father’s family. This is done to maintain the freedom of the mother and her children without interference from the father’s family.
Examples of Non-Relative Custodians
In some cases, a non-relative can be a custodian for two women. An example could be a female professor that has been assigned guardianship for two female students who are living together, either in an orphanage or without a guardian in the family. The professor can support them by taking the responsibilities of their guardian. They can manage their finances, take legal decisions and ensure their safety when the two young women move out of the country or attend college.
Non-relative custodians may also be appointed in cases when the immediate family is unable to take up guardianship. This could include a female family friend or a scholarly figure from the family who can step in and provide guardianship when needed.
In most cases, the court will not grant a single man custody of two women who are not related as per the law. However, a single man might be appointed as custodian even if the two women are not related if there is some compelling evidence as to why he should have the guardianship of them both.
Conclusion of the Courts
Today, the courts of Saudi Arabia have adopted a modern and flexible approach when it comes to granting custodianship to men. While the Islamic law does not allow for a single man to be the custodian of two women, court rulings have given custodianship to fathers, brothers, uncles or non-relatives in certain cases.
The courts are now keen to look at the social dynamics of the family and the nature of the relationship between the guardian and the ward. They take into account the financial stability of the guardian, his ability to take decisions and his moral character. Thus, the courts will take into consideration all factors before coming to a conclusion.
Islamic Views
In Islam, women have their own rights and status in society. As per the Islamic laws, all matters related to women are subject to guardianship. A woman is not allowed to leave her home without a custodian or travel without authorisation from her wali. This applies equally to married and single women.
A single man cannot serve as custodian for two women unless they are related. In cases where two sisters do not have a father or a male relative or guardian, a cousin or maternal uncle can be appointed. Under the Islamic laws, a husband can serve as custodian for his wife, despite the woman’s family not being in agreement.
The Islamic view of custodianship has been developing over the years. Generally, the guardian enjoys certain privileges that are typically not granted to other family members, such as authorizing travel, marriage and even conducting business dealings on behalf of the woman.
Today, Islamic scholars have concluded that a single man can act as custodian for two women, but only in cases where the man and women are related or have a strong bond of trust. In other cases, the court may appoint two men or even a single man and a woman as the wali of two women.
Other Factors to Consider
It is important to note that the courts look at the social, economic and familial dynamics before appointing a custodian. The man has to be able and willing to provide the women with the financial security, protection and moral support that is deemed necessary. Furthermore, he should have a good relationship with the two women as well as the rest of the family.
The court also takes into consideration the financial conditions of the guardian and his ability to pay for the needs and security of the women, such as education and medical expenses. Additionally, the court looks at the nature of the relationship between the man and the women and how they will interact, if necessary.
The custodian must also be familiar with the needs of the two women and must provide proper guidance to them whenever required. He should also have knowledge of the legal system in order to handle matters related to guardianship.
Advantages and Disadvantages
The advantages of a single man taking up guardianship of two women include the fact that there is less paperwork to be done and it is more efficient. The custodian can take decisions on behalf of both women and provide financial and emotional support to them. Additionally, he will have less financial burden compared to two custodians.
The disadvantage of a single man being appointed as custodian of two women is that the guardian may face difficulty in dealing with matters that are related to two different women. The guardian may not be fully aware of the needs of the wards, and this could affect the relationship between them. Additionally, the guardian may face legal trouble if the court finds him incapable of handling the legal matters related to the guardianship.
Overall, the decision of appointing a guardian to two women depends on the situation. It may be beneficial for both the women and the guardian, provided the court is satisfied that the guardian is capable and wants to provide proper guidance and support to them.
