Law No. 17 of 1992 regolating of Minors and those of equivalent status

Law No. 17 of 1992 regolating of Minors and those of equivalent status

General People's Congress

In execution of the decisions of the Basic People's Congresses in their regular second session of 1398 H.R corresponding to 1989, which were formulated by the General Forum of the People's Congresses, People's Committees, Congresses, Unions, and Professional Associations, the General People's Congress in its fifteenth regular session from 25 Rajab to 2 Sha'ban 1398 H.R corresponding to 2 to 9 March 1989. 

And after reviewing,

• The declaration of the establishment of the people's authority. 
• And the civil law. 
• And Law No. 9 of the year 84 regarding the organization of the People's Congresses. 
• And Law No. 10 of the year 84 regarding marriage, divorce, and their effects. 
• The following law was formulated:

Chapter One: Capacity 

Section One: Civil Status 

Article 1

A person enjoys full obligatory capacity from the moment of his/her live birth.

A conceived fetus has a determined obligatory capacity on the condition of its live birth, as determined by the law.

Article 2

Full capacity to act is established for those who have reached the age of majority, and is considered deficient for the discerning minor, the prodigal, and the negligent. This capacity is not enjoyed by the undiscerning minor, the insane, and the idiotic.

Article 3

A minor is one who has not reached the age of majority, and is either discerning or non-discerning:

A non-discerning minor is one who has not completed seven years of age.

A discerning minor is one who has completed seven years of age.

Article 4

A non-discerning minor has no right to dispose of his/her money, and all his/her transactions are null and void.

Article 5

The transactions of a discerning minor are valid if they are purely beneficial to him/her and null and void if they are purely harmful to him/her. As for transactions that are between benefit and harm, they are subject to annulment for the benefit of the minor, and the right to adhere to their annulment ceases if the minor approves them after reaching the age of majority, or if they are approved by his/her guardian or the court, as the case may be.

Article 6

A minor is not to receive his/her money before reaching the age of majority, however, it is permissible for the guardian or trustee, after obtaining the approval of the competent court, to grant an absolute or restricted permission to the discerning minor who has completed fifteen years of age to manage all or some of his/her money under his/her supervision, if good management is anticipated from him/her.

The minor, to whom permission has been granted, is considered to have full capacity in what he/she has been permitted to dispose of, and the one who granted the permission may revoke or restrict it whenever it appears to him/her that the minor's interest requires that.

Article 7

The minor, to whom permission has been granted to manage his/her money, must submit an annual account of his/her transactions to the competent court, and the opinion of the guardian, trustee, or custodian is to be taken when reviewing it.

Article 8

If the minor authorized to manage his/her money falls short in doing so, or in submitting the annual account thereof to the competent court, or mismanages them, or circumstances arise that threaten the preservation of the money in his/her hands, the court may, on its own accord or at the request of the public prosecution or any interested party, limit or revoke the permission after hearing the statements of the authorized minor.

Article 9

The age of majority is eighteen full Gregorian years.

Section Two: Incapacity Impediments

Article 10

Incapacity impediments are insanity, imbecility, negligence, and prodigality.

Article 11

Insane, is the one who is absolutely or intermittently devoid of reason.

Imbecile, is the one with little understanding, confused speech, and lacking in management.

Negligent, is the one who is easily deceived in his/her financial transactions.

Prodigal, is the one who squanders his/her money on non-beneficial matters.

Article 12

Guardianship is ruled for those who have reached the age of majority if they are affected by any of the incapacity impediments. The guardianship claim can be raised by one of the relatives, someone with an interest, or the public prosecution.

Article 13

Guardianship can only be lifted by a judicial verdict.

And the person under guardianship has the right to file a lawsuit on his/her own to lift the guardianship.

Article 14

The court appoints a custodian to manage the assets of the person placed under guardianship, in accordance with the provisions set forth in this law.

Article 15

The transactions of the insane and the imbecile are null and void if issued after the filing of a guardianship lawsuit against them.

However, if the transaction was issued before the filing of the lawsuit, it is not null and void unless the state of insanity or imbecility was well-known at the time of the transaction or known to the other party.

Article 16

The transactions of the negligent and the prodigal before the filing of a guardianship lawsuit against them are not null and void unless they are the result of exploitation or collusion.

However, if the transaction was issued after the filing of the lawsuit, it will be subject to the same regulations as the transactions of a discerning minor.

Article 17

Considered as minors are those who have not reached the age of majority, the insane, the prodigal, and the negligent. The missing, the absent, those legally prohibited from transacting, those in a terminal illness, those whose debts exceed their assets, and others as determined by the competent court are treated as minors.

Article 18

The affairs of the minor are managed by his/her guardian or chosen trustee, or by a trustee or custodian appointed by the court.

Article 19

A minor, with limited capacity to act, may transact with what is delivered to him or usually placed at his disposal for his expenses, and his commitment regarding these purposes is valid only within the limits of this money.

Article 20

A minor who has completed fifteen years of age may transact with what he earns from his work, profession, or craft, and the effect of his commitment shall not exceed the money he earns. However, if the minor's interest requires, the court may restrict his right to transact with the mentioned money, and in this case, the provisions of guardianship, trusteeship, or custodianship apply to him as the case may be.

Section Three: The Absent, The Missing, and Those Prohibited from Transacting by Law

Article 21

Absent: is the person whose domicile or residence is unknown.

Missing: is the absent person whose life or death is unknown.

Article 22

If the absent or missing person does not have an agent, the court appoints a custodian to manage his assets.

Article 23

Upon appointing the custodian in accordance with the provisions of the previous article, the court orders an inventory of the assets of the absent or missing person, which shall be managed in accordance with the management of the assets of a minor.

Article 24

The provisions applicable to trustees apply to the agent of the absent or missing person and to the custodian appointed by the court to manage their assets.

Article 25

Absence ends with the appearance of the domicile or residence of the absent person, or with the proof of his/her death or a judgment considering him/her dead.

And the missing status ends with the proof of the missing person's life or death, or a judgment considering him/her dead.

Article 26

Custodianship or agency ends with the end of absence or missing status in accordance with the provisions of the previous article.

However, if the absence ends with the appearance of the domicile or residence of the absent person and it is impossible for him/her to manage his/her assets personally or through an agent, the court-appointed custodian continues to manage them.

Article 27

It is not permissible for a person prohibited from transacting by law to transact with his/her assets or manage them except with permission from the competent court, and anything he/she commits to contrary to this is null and void.

The provision of the previous paragraph includes cases of loss of capacity stipulated in the Penal Code.

Article 28

The provision of the previous article does not apply to financial transactions attributed to posthumous actions.

Article 29

A person prohibited from transacting by law must choose a custodian to manage his/her assets, to be approved by the competent court. If he/she does not do so, the court appoints a custodian for him/her, after taking his/her opinion if possible, based on a request from the public prosecution or someone with an interest.

The custodian is responsible before the court that approved his/her selection or appointment, as the case may be, in all matters related to his/her custodianship duties.

Article 30

The prohibition from transacting ends with the disappearance of its cause, and the assets are returned to the prohibited person, and the custodian must submit an account of them to the appointer.

Chapter Two: Guardianship

Section One: Guardianship over the Person

Article 31

Guardianship over the person is a legal empowerment obliging the guardian to handle all matters related to the person of the minor, and it applies to the minor, the insane, and the imbecile.

Article 32

Guardianship over the person belongs to the parents, then to the agnates themselves among the kin, according to their order in inheritance and kinship. In case of equality, the court chooses the most suitable among them for guardianship. If none of them is deserving, the court appoints the most suitable for guardianship from the relatives of the minor; if none is found, then someone else is appointed.

Article 33

The guardian over the person is responsible for supervising the affairs of the minor, nurturing, educating, and preparing him/her adequately.

Article 34

The guardian of the person must be of sound mind, sane, trustworthy, sharing the same religion with the minor, capable of fulfilling the requirements of guardianship, and not previously convicted of a crime that necessitates the removal of guardianship according to the provisions of this law.

Article 35

Guardianship over the person ends when the minor reaches the age of maturity or when the restriction is lifted from the insane or imbecile.

Article 36

Guardianship is mandatorily revoked from the guardian over the person in the following cases:

1. If one of the conditions specified in Article 34 of this law is lost.
2. If he/she is proven to have committed a felony or misdemeanor against the ward.
3. If he/she, as one of the parents, has been convicted more than once, and for others in the lineage once, in any of the following crimes:

1. Crime of negligence in family duties.
2. Crime of misuse of reform and education means.
3. Crime of mistreatment of family members.
4. Crime of depositing a legitimate recognized child in a foundling shelter or the equivalent.
5. Crime of adultery or intercourse by force, threat, or deceit.
6. Crime of defamation.
7. Crime of inciting minors to debauchery and vice.
8. Crime of abduction for sexual acts.
9. Crime of abduction of those under fourteen or mentally disturbed without coercion.
10. Crime of incitement to prostitution.
11. Crime of forcing into prostitution.
12. Crime of exploiting prostitutes.
13. Crime of adopting prostitution as a means of living or earning.
14. Crime of international trafficking in women.
15. Crime of facilitating trafficking in women.

Article 37

Guardianship may be revoked entirely or partially, permanently or temporarily, from the guardian over the person in the following cases:

• If the guardian's freedom is restricted in a way that adversely affects the minor's interests.
• If the guardian mistreats the ward, neglects his/her care, or sets a bad example in a way that jeopardizes his/her safety, morals, or education.

The court may, instead of revoking guardianship in the aforementioned cases, entrust the minor to one of the institutes or social institutions prepared for this.

Article 38

In the cases mentioned in the previous two articles, the court may, on its own accord or at the request of the investigating authority, temporarily entrust the minor to a trustworthy person, a charitable institute, or a social institution until a decision is made on the guardianship matter.

Article 39

If guardianship over the person is revoked for some wards, it is mandatory to revoke it for the rest.

Article 40

If the court decides to revoke, limit, or suspend the guardianship of the guardian over the person, the guardianship transfers to the next in line according to the provisions of Article 32 of this law.

Article 41

In the cases stipulated in Article 37, the court may, at the request of the guardian over the person, restore his/her guardianship on the condition that six months have passed since the cause of revocation ceased.

This rule applies to the case of guardianship revocation mentioned in item 1 of Article 36.

Article 42

The Public Prosecution must notify the competent court of everything related to the application of the provisions of the articles mentioned in this section.

Section Two: Guardianship Over Property

Article 43

Guardianship over property is a legal empowerment obliging the guardian to take care of the minor's property and everything related to this property.

Article 44

Guardianship over property belongs to the parents, whichever is more suitable, then to whomever the court appoints. The court may disregard this order if it's in the minor's interest.

Article 45

The actions of the guardian from the parents concerning the property of their minor children are presumed to be valid unless proven otherwise.

Article 46

The guardian may not exercise any rights of guardianship unless they have the necessary capacity concerning their property.

Article 47

Donations made to the minor are not included in the guardianship if the donor stipulates this.

Article 48

The guardian must care for the minor's property in terms of preservation, management, and investment according to the provisions set forth in this law.

Article 49

The guardian may not dispose of the minor's real estate or establish a real right on it except for a necessity or clear interest and with the permission of the court.

Article 50

The guardian may not dispose of the movable property of the minor or the securities without the permission of the court.

Article 51

Donating the minor's property or the benefits thereof is not allowed. If someone donates any of that, the donation is null and obliges the guarantor to his/her responsibilities.

Article 52

The guardian may not lend or borrow the minor's money without the permission of the competent court.

Article 53

The guardian may not accept a gift or a will for the minor laden with specific obligations without the permission of the competent court.

Article 54

The guardian must deposit a list of the minor's property or what accrues to them with the clerk of the competent court within whose jurisdiction the minor's domicile falls. This should be done within a month from the commencement of the guardianship or from the accrual of this property. The court may consider the failure to submit this list or delay in submitting it as endangering the minor's property.

Article 55

The court will order the suspension of the guardianship if the guardian is absent, lost, considered absent or missing, or if there is an impediment preventing them from handling the guardianship affairs, or if they caused the minor's property to be endangered.

Article 56

The judgment of revocation, suspension, or limitation of guardianship over the minor's person results in its fall, suspension regarding the property.

Article 57

If the guardianship is revoked, limited, or suspended, it can only be restored by a court decision after verifying the disappearance of the reasons that led to its revocation, limitation, or suspension.

Article 58

The guardianship over property for the minor ends upon reaching the age of maturity and for others among the minors upon lifting the interdiction on them.

Article 59

The minor's property is returned to them upon reaching the age of maturity or upon lifting the interdiction on them. The guardian or their heirs are questioned about the value of what has been disposed of, considering the value at the time of disposal.

Chapter Three: Guardianship and Custodianship

Section One: Appointment of Guardians and Custodians

Article 60

A guardian or custodian must be trustworthy, fully capable, able to manage the minor's affairs, and share the same religion with the minor.

Article 61

The following individuals cannot be appointed as a guardian or custodian:

1. Someone who has been convicted of a crime that, according to this law, would require the revocation of guardianship over the minor if they were under their guardianship.
2. Someone known for bad behavior or who does not have a legitimate means of livelihood.
3. Someone from whom guardianship has been previously revoked or who has been dismissed from guardianship over another minor.
4. Someone whom the father decided to deprive of the appointment as a guardian or custodian before his death, for reasons that the court finds convincing.
5. Someone who, or whose ascendant, descendant, or spouse is in legal dispute with the minor, or there is enmity or family disagreement that may jeopardize the minor’s interests.

Article 62

The father may choose a guardian for his minor child or for the unborn child if the mother lacks capability. If he does not choose a guardian, the court will appoint a custodian for them.

The guardian of the unborn child continues to be the guardian after the child is born alive, unless the court appoints someone else.

Article 63

The court appoints a special custodian for the minor and defines their role in the following cases:

1. If the minor's interests conflict with the interests of the guardian or custodian, or their spouse, any of their ascendants or descendants, or any of their relatives up to the fourth degree, or with anyone whom the guardian or custodian represents.
2. If there's a desire to execute, amend, rescind, nullify, or cancel a contract of compensation between the minor and the guardian or custodian or any person mentioned in the previous point.
3. If the minor's interests conflict with the interests of the guardian or the interests of another minor under their guardianship.
4. If the minor acquires property through a donation, and the donor stipulates that the guardian shall not manage the donated property.
5. If the guardian is not capable of exercising any of the rights of guardianship.
6. If circumstances require special expertise to perform some tasks.

Article 64

The court appoints a temporary custodian if the guardianship is suspended and the minor has no other guardian, and also if the guardian is suspended or temporary circumstances prevent them from performing their duties.

Article 65

The provisions of guardianship contained in this law apply to the special custodian and the temporary custodian, taking into account the nature of the task assigned to each.

Article 66

The special or temporary custodianship ends with the completion of the task for which it was established or the expiration of the specified period for it.

Chapter Two: Duties of Guardians and Custodians

Article 67

The chosen guardian or custodian receives the minor's assets and is responsible for their care. They are required to exercise the same level of care as an ordinary person would for their own assets.

Article 68

The guardian or custodian is prohibited from carrying out the following actions without court authorization:

1. Any action that terminates, transfers, changes, or extinguishes any primary or subsidiary real estate rights, as well as all actions regarding the mentioned rights.
2. Dealing with movable assets, personal rights, or financial securities, except for management actions.
3. Settlements and arbitration.
4. Transferring rights and debts, and accepting transfers.
5. Investing and liquidating funds.
6. Borrowing and lending money.
7. Accepting or rejecting conditional donations.
8. Spending the minor’s money on individuals who are entitled to be supported by them unless the support has been mandated by an enforceable judgment.
9. Voluntarily fulfilling obligations that are on the estate or on the minor.
10. Filing lawsuits, except when delay in filing would cause harm to the minor or loss of their rights.
11. Waiving rights and claims, accepting appealable judgments, waiving these appeals after raising them, and raising extraordinary appeals against judgments.
12. Expenditures related to marrying off the minor, including dowry, etc.
13. Educating the minor if it requires expenditure, and the necessary expenditure for the minor to pursue a particular profession.
14. 1Waiving insurance and impairing it.
15. Acknowledging a right against the minor.

Article 69

With court authorization, the guardian or custodian can carry out a consensual partition of shared assets between the minor and the rest of the partners. However, this partition is not effective unless ratified by the court. The guardian or custodian is not allowed to request a judicial termination of the common ownership in the shared assets between the minor and their partners without court permission.

Article 70

The guardian or custodian must promptly present to the court any claims raised against the minor and any enforcement actions taken against them, following the court's instructions regarding these matters.

Article 71

The guardian or custodian must deposit, in the name of the minor, at a bank, any financial securities, jewelry, and precious metals that the court deems necessary to be deposited. They must also deposit any money received, after deducting the determined expense and the sum estimated by the court for administration expenses, all within fifteen days of receiving these funds. Withdrawals from these deposits can only be made with court permission.

Article 72

The guardian or custodian must submit to the competent court a documented account of their administration before the end of each year from the date of their appointment. However, if the minor's assets do not exceed five hundred dinars, the guardian or custodian is exempted from submitting the annual account unless the court decides otherwise.

Article 73

Guardianship and custodianship are unpaid roles unless the court, upon request by the guardian or custodian, decides to appoint a salary for them or grants them a reward for specific work.

Article 74

If the minor is found to be insane, foolish, or unreliable with their assets shortly before reaching the age of maturity, the guardian or custodian must inform the court about their condition to consider the continuation of guardianship or custodianship over them.

Chapter Three: Termination or Suspension of Guardianship or Custodianship

Article 75

The roles of the guardian or custodian terminate under the following circumstances:

1. The minor reaches eighteen years of age, unless a ruling is made to continue the guardianship or custodianship over them.
2. The guardianship returns to the guardian.
3. The removal of the guardian or custodian, or the acceptance of either's resignation.
4. The loss of capacity of the guardian or custodian, or the proof of their absence, death, or the death of the minor.

Article 76

If new reasons arise that call for the consideration of removing the guardian or custodian, or if they experience a circumstance affecting their capacity, the court orders their suspension.

Article 77

A ruling is made to remove the guardian or custodian in the following cases:

1. If they lose a condition of their appointment or commit an act that leads to their disqualification as per Article 61 of this law.
2. If they mismanage, neglect their duties, or their continuation poses a danger to the minor's interests.

Article 78

Within thirty days following the end of their appointment, the guardian or custodian must hand over the assets in their custody to the minor (once they reach the age of maturity), to their heirs, to the guardian, or to the new guardian or custodian as per the situation, through a documented procedure. They must also attach an account statement to the procedure and deposit a copy of the handover procedure and account statement with the competent court within the mentioned timeframe.

Article 79

In case of the death, or legal restraint of the guardian or custodian, their heirs or whoever represents them as per the circumstances, are obliged to hand over the minor's assets and present the account.

Article 80

Any endorsement or settlement issued in favor of the guardian or custodian from the person under their guardianship or custodianship who has reached the age of maturity is subject to annulment if the settlement or endorsement was issued within a year from the date of presenting the account referred to in Article 78 of this law.

Article 81

Any claim by the minor against their guardian or custodian concerning matters of guardianship or custodianship lapses five years from the date the minor reaches the age of maturity or legal restraint is lifted. If the guardianship or custodianship ends due to removal, resignation, or death, the period of limitation specified in the previous paragraph does not commence until the date of presenting the special account of guardianship or custodianship.

Chapter Four: General Provisions

Article 82

The most suitable principles of Islamic Sharia apply to matters of guardianship and custodianship insofar as there is no specific text in this law.

Article 83

Any text that contradicts the provisions of this law is annulled.

Commencement of the Law and its Publication in the Official Gazette

Article 84

This law shall be published in the Official Gazette, and in various media outlets, and shall be effective from the date of its issuance.

• Issued by the General People's Congress
• 1/ Jumada al-Awwal/ 1402 A.H
• Corresponding to 28/ Tamur/ 1992 A.D