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Custody, the state and guardianship in UAE law and the distinction between them

Custody, the state and guardianship in UAE law and the distinction between them

Custody, the state and guardianship falls under legal awareness among the most important information that must be available to every member of society, not only to the adult category, but even it is necessary to educate young children and their upbringing on legal knowledge, and to understand the cases that can be associated with them under any circumstance. Like the study materials that include foundations and rules to be adhered to in order to reach a successful professional life, the texts of the law also include foundations that must be adhered to in order to have a healthy life free from any obstacles that hinder the functioning of society. The UAE law includes in its interior provisions to protect the rights of the young and the minor and his material and financial property, which despite its importance, is unknown to many, and they cannot differentiate between them. One of our duties at Yaqoub Al Mazmi Law Firm and Faraj Allah Legal Consultations is to spread that legal culture in the community and raise awareness of it. Among the most important information that should be known: are the definitions of minors and minors within the Federal Personal Status Law, and the related provisions.

What is the difference between custody and the state and guardianship?

There are fundamental differences between guardianship and guardianship over oneself and guardianship over money, and the cases in which each includes:

the state:

In general, it is for relatives from the first side, where it goes to the father, and in the absence of him, it is to the grandfather, and in the absence of either of them, it goes to the other in order. There are several conditions that must be met first in order for the rule of state to be achieved. The most important of which is that the governor is a mahram for the minor, and he is also obligated to take care of and take care of everything related to the minor, such as education, treatment, and discipline, and teaching him a craft to earn a living from it, preserve his property and money, and invest each of them in what is in the interest of the minor, and the law gives the governor the right to consent to the marriage of the minor.

The state is of two types:-

  • Guardianship over oneself: It is providing all forms of care to the minor, starting with his upbringing and education, taking care of his health, and contributing to his upbringing in a sound and fit formation for the community. It includes the provisions of guardianship over oneself: He assumes the right to marry a minor in case he reaches the appropriate age for marriage, and the contract is not completed without the consent of the guardian. The provisions of guardianship over oneself apply to a minor who has not yet reached the age of majority, and in the case of a girl’s marriage, the guardian still has the right to include her in him.
  • Guardianship over money: It is taking care of everything related to the minor’s money, preserving it, assuming good management of it, and working to invest that money in matters that benefit the minor, and the guardianship rule falls upon the minor’s reaching the age of majority.

Guardianship of money:

It is on the minor’s money. It is not completed except in the event of the father’s death, and guardianship goes to the one chosen by the father, and if the father does not mention his representative, in this case the court appoints a guardian, who takes care of the financial matters of the minor, and the rule of guardianship continues until the minor reaches Eighteen, then fall state.

The trustee is of two types:

1- The chosen guardian: He is the one whom the father chooses to be the guardian of his minor son upon his death, and who takes care of, managing and preserving his financial affairs.

2- The judge’s guardian: in the event of the father’s death without choosing a guardian to act on his behalf for his minor son, and in the case of the grandfather’s absence as well. The judge then appoints a permanent or temporary guardian to manage the minor’s money.


It refers to raising the child taking care of everything related to him, and providing him with health and educational care, provided that this does not conflict with the guardian’s right to self-guardianship. Custody goes to one of the parents in the event of a divorce. In the event of the father’s death, custody is given to the mother, and the custody rule continues until the boy reaches the age of nine, and the girl reaches eleven. In the case of the mother’s absence, the custody of female relatives is in the order of the closest, according to Article 139 of the Federal Personal Status Law.

The UAE law has stipulated some conditions that must be met by the custodian or custodian, which is that he be a full-fledged adult, in sound rational health, that he be honest and free from any serious infectious diseases, that he can be educated, and that he not have any previous court rulings.

Familiarity with all this information and legal definitions is a necessity today to avoid any disputes or disputes that may affect moral values ​​and safety in society. A legal dictionary must be available that is rich in knowledge of the rules that we follow daily. We have to fill this knowledge and direct it to the right legal path. Custody, guardianship, and guardianship are issues whose provisions and content differ from others, but they fall within personal status issues.

Yaqoub Almaazmi Advocates offers you the best legal advice specialized in family and personal status issues and the most successful solutions for all types of cases.


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