The Multiplicity of Guardians in the Kuwaiti Civil Law: An Analytical Juristic Study Compared to Arab Laws

Abstract

This research tackles the issue of the multiplicity of trustees, the provisions of their acts in the Kuwaiti Civil Law, the extent its articles comply with the Islamic jurisprudence, and the comparison between the Arab laws under study. The research includes five topics. First, it includes an introductory topic dealing with the meaning of the trustee and its evidence and wisdom and the difference between the trustee and the guardian. The first topic deals with the provision of multiple trustees in the Kuwaiti law compared to the Islamic Sharia and the Arab laws; the second topic deals with the provision of trustees in the Kuwaiti Law compared to the Islamic Sharia and the Arab laws; the third topic deals with the provisions of the difference among the trustees in the Kuwaiti Law compared to the Islamic Sharia and the Arab laws, and the final topic deals with the provisions of the special trustees in the Kuwaiti Law compared to the Islamic Sharia and the Arab laws. The most important findings reveal that the Kuwaiti Civil Law authorizes the multiplicity of trustees and believes that the trustees may severally act only if such acts are specified and assigned to each of them. It also shows that the Law permits the trustees to act in special cases that cannot be delayed and in which there is an apparent benefit to the young child. The Kuwaiti Law stipulates that when the trustees differ, the matter shall be referred to the court to preserve the child's money, and this goes in line with the Sharia's purpose for preserving the money. In addition, the Law authorizes the court to appoint a special trustee for the minor in trust whenever his interests conflict with the interests of the guardian or general trustee to achieve the child's interests and preserve his money.