The Federal Supreme Court upheld the right of a divorced father to transfer his three children from private schools to public schools after he filed a lawsuit demanding his divorcee hand over their official papers to the transfer procedures.

The Federal Supreme Court confirmed in its ruling that the guardian of the soul is entrusted with taking care of the minor and supervising all matters, preserving, raising, disciplining, directing his life and preparing his life well, as well as determining the body where he receives education, whether public or private schools as he sees fit.

In detail, a father of three filed a lawsuit seeking his right to transfer his children from private schools to the public schools he identified and close to their home, receiving their official documents for the transfer procedures, and the Court of First Instance rejected the case, which was upheld by the Court of Appeal.

The father did not accept this verdict, and he appealed the verdict in cassation, pointing out that "the verdict erred in the application of the law and the provisions of Islamic law glue by rejecting his request, which is the guardian of self-right to transfer his three children from private schools to public schools that he determines and close to their residence and to receive their official papers Of the transfer procedures, which I proved with the evidence that the referee wasted. "

The Federal Supreme Court upheld this appeal, explaining that it is prescribed in the provisions of Islamic law glue that custody is a manifestation of the care of Islamic legislation in childhood, as the human being in his childhood desperately needs to take care of and prepare for life, and custody is to save the child and raise and care, but it must Do not contradict the guardian's right to self-guardianship. "

She pointed out that the provision in the custody section was to do what is required to take care of everything related to the person of the custodian - which falls under the mandate on the self - a duty on the father of the custodian, and then on other guardians on the self, even if the incubator, so as not to conflict Custody with the right of guardianship, to carry out the care referred to by the Prophet, peace be upon him and his family and companions and peace by saying: (you are all a shepherd and all responsible for his parish, and the woman is a shepherd in her husband's house and responsible for her parish).

If the incubator and the custodian differ in matters other than his service, it is the order of the guardian as directed to a craft, or a certain kind of education, or removed from bad comrades and citizen corruption, so as not to conflict between the custodian and the guardian over the self, when each exercise the duty dictated The right of custody, which is still in the age of custody, and it is prescribed both by law and law that custody, although related to the three rights (1) the right of the father (2) the right of the custodian (3) and the right of custody, but the right of custody is paramount Cuddles are de facto matters that the Court of First Instance has the sole discretion of the court Its judgment is based on justifiable reasons sufficient to carry it and is not wasted on the evidence presented in the lawsuit.

It is also decided in this court that the father or other custodial guardians shall consider, discipline, direct and educate his or her affairs.

The guardian of the soul is entrusted with taking care of the person of the minor and supervising all matters, preserving, educating, disciplining, directing his life and preparing his life well. He may also determine the body in which he receives education, whether public or private schools, as deemed by the investigators of Salah al-Madhun and within the framework of the Islamic Sharia. In the UAE, under the supervision of the judge holding the general jurisdiction with the guardian's right to determine the schools he chooses to teach the nurses, whether governmental or private as long as it is in the interest of the custodians
The Court noted that the appeal judgment did not take into account all of this and wasted the right of the guardian of self to determine where the custodians receive education, whether public or private schools from the beginning of the year 2019/2020 and as deemed by investigators Salah al-Mahdoun with the right to determine the schools of boys and to receive their papers If he does not understand the judgment, he may have misunderstood the reality and appreciates the evidence with inadequate causation, which has dragged him into contravention of the law.