Article 36 of the Saudi Minors' Property Guardianship Law
المادة 36 من نظام الولاية على أموال القاصرين
The article allows those concerned to object to the Authority's decisions and its actions toward them before the competent body, in accordance with the Sharia rules and applicable laws.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز لذوي الشأن الاعتراض على القرارات الصادرة من الهيئة أو ما تتخذه من تصرفات حيالهم وذلك إلى الجهة المختصة حسب القواعد الشرعية والأنظمة المرعية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 36 explained in plain English
This article establishes the right to object to the Authority; its decisions and actions are not final for those concerned.
Its provisions:
- Who has the right? Those concerned, that is, those affected by the decisions or actions.
- Against what? Against the decisions issued by the Authority and the actions it takes toward them; the right is not limited to written decisions but covers actions as well.
- Where? To the competent body.
- How? In accordance with the Sharia rules and applicable laws.
The article does not name the competent body, or the deadlines for objection, or its procedures, but refers in this to the Sharia rules and applicable laws. So anyone who wants to object needs to find out the body competent for the type of his decision and the deadlines set for it in those laws.
This article corresponds to Article 35, which makes the Authority the prosecuting body for breaches of the Law; just as the Authority may bring cases against violators, those concerned may object to its decisions.
If the Authority issues a decision or takes an action that affects your right or that of a minor in your family, such as a maintenance decision or a dealing in real estate, you can consult a lawyer who specializes in personal status and estates to identify the competent body and the method of objection.
Practical example
The Authority decided a monthly maintenance amount for orphans in Jazan that their mother considered insufficient for their needs. The mother, as one of those concerned, may object to this decision before the competent body in accordance with the Sharia rules and applicable laws.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 36 of the Saudi Minors' Property Guardianship Law
Can a Guardianship Authority decision be objected to?
Yes. Those concerned may object to the decisions issued by the Authority or the actions it takes toward them.
Where do I object to a Guardianship Authority decision?
To the competent body in accordance with the Sharia rules and applicable laws; the article does not name the body.
Does the objection cover the Authority's actions and not only its decisions?
Yes. The provision covers the decisions issued by the Authority and the actions it takes toward those concerned.
More articles on Penalties for Violating the Guardianship Law
- Article 33
The article bars the Authority's board members, staff and representatives from disclosing its secrets, or buying, leasing or contracting for the covered persons' funds in a personal capacity, and voids any dealing in breach.
لا يجوز لأعضاء مجلس إدارة الهيئة ومنسوبيها ومن يمثلها أن يفشوا شيئا مما وقفوا عليه من أسرار الهيئة بسبب مباشرتهم لأعمالها ولا أن يشتروا أو يستأجروا مالا من أموا
- Article 34
The article punishes anyone who breaches the provisions of the Minors' Property Guardianship Law with a fine not exceeding SAR 100,000 and imprisonment for a period not exceeding 30 days, or either.
مع عدم الإخلال بما تقضي به أحكام الشريعة الإسلامية والأنظمة المرعية يعاقب كل من يخالف أحكام هذا النظام بغرامة مالية لا تزيد على مائة ألف ريال وبالسجن مدة لا تتج
- Article 35
The article makes imposing the penalties in Article 34 a matter for the courts, allows them to impose heavier penalties, and assigns the role of prosecution to the Authority.
تختص المحاكم بتقرير العقوبات المنصوص عليها في المادة (الرابعة والثلاثين) من هذا النظام ولها إيقاع عقوبات أشد إذا رأت ذلك وتتولى الهيئة مهمة الادعاء في هذا الشأن
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.