Arrangement of guardians and their multiplicity in guardianship of a minor - a comparative study

Abstract

Abstract: permissible to have more than one guardian if the minor's needs are multiple or if different aspects of their life (financial and personal) vary. If there are multiple guardians, they must be ranked. Jurists agree on the father's priority in guardianship, but they differ on the order of guardians after his absence. This difference is reflected in the legal legislations of Islamic countries, which have adopted various jurisprudential interpretations while considering social developments. Regarding the issue of multiple guardians, Islamic jurisprudence permits appointing more than one guardian but differs on the extent of each guardian's independence in decision-making. Comparative laws and Iraqi law tend to prohibit individual actions by joint guardians except in cases of necessity, granting the judge the authority to resolve disputes among them. In light of this, it is necessary to reformulate the Iraqi legislator's texts to clarify the precise order of guardians, prevent multiple guardians except when necessary, and establish legal mechanisms defining their competencies to avoid conflicts that may affect the minor's interest.