THE number of cases of imposition of interdiction on a parent’s property has been on the increase all over the Kingdom. Statistics show that greed is the culprit behind the increase in most of the seizure of property cases, Al-Riyadh daily reported.
In some cases, the deteriorating health of a parent drives the sons and daughter to file such cases, a real unhealthy trend. Maha Al-Sudairi, a lawyer, says interdiction on property is regulated in the Shariah Law and there are conditions where such cases can be filed against parents.
“In interdiction cases, restrictions will be used on the holder of property in terms of use and disposal. They can be filed for various reasons such as dementia, insanity, mental disability or incapacity, or Alzheimer. These are valid grounds for raising them. For, I know of cases raised because the father, who had been suffering from dementia, was squandering the family’s money to the degree that his sons and daughters asked the court to seize their father’s fund,” she said.
The purpose of such cases is to protect the interests of the person whose money has been seized. When a judge reviews a seizure of property case, the first thing he will do is to ascertain and make sure the case has been indeed filed to protect the interests of the person concerned. The fact that such as case has been lodged at the court does not necessarily mean that the judge will issue a judgment in favor of the person(s) who initiated the case.
It can turn into a lengthy process and drag on for a long time before a final judgment is made. For the assertion and clarification of facts can entail lengthy procedures and measures including medical examinations of mental abilities, the statements of defense and claims and the defendant’s counter claims and proof of ability and control.
Family courts are responsible for reviewing these cases, quoting Article (33) of the Law of Civil Procedures stipulating that “Family courts shall have jurisdiction to consider ... all family matters including ... recording the designation of trustees, guardians and administrators; permitting them to perform actions that require the court’s permission and dismissing them if necessary, as well as imposing interdiction against spendthrifts or removal thereof, subject to procedures set forth in the Regulations of this Law.”
Lawyer Dalal Nader said the Saudis laws are based on the Shariah, adding that there are two types of interdiction cases: the first is filed by disobedient sons and daughters who just want to put their hands on their parents’ money; and the judge easily recognizes such cases. The second is a real interdiction case, which is based on strong grounds such as incapable parent who can no longer run his fund in a reasonable way. In this case, the judge usually appoints an administrator who will run the fund for the family.
“We are not a Utopian society. We do come across such cases raised by disobedient sons and daughters who are blinded by greed. But the courts usually dismiss such cases because Islam calls for treating parents with respect and kindness. However, the judge issues just judgment in these cases,” she said.
Malak Al-Otaibi, a psychologist, said some healthy parents who win cases of interdiction against their disobedient sons and daughters get scarred by this experience and might suffer from strong depression as a result. The shock of seeing their own flesh and blood accusing them of dementia or insanity results in deep psychological scars that might not heal soon.
Haya Al-Arfaj, a psychologist, blamed family disintegration for the increasing number of interdiction cases against parents. She also blamed parents for their failure to satisfy the emotional and psychological demands of their sons and daughters at an early age and not teaching them the importance of respecting one’s parents. She also stressed that over indulgence by the parents too creates a sense of entitlement for the sons and daughters and this in later years can sometimes lead to this sort of a money-grab.
Asma Al-Suwailem, a sociologist, said many studies have shown that instilling love and respect in the minds of children will help strengthen the family relationships with parents and ensure that they will grow up to be supportive and helpful to their parents. In addition the parents need to develop in their sons and daughters the sense of responsibility and also channeling their education early according to their interest and assisting them in any of their future endeavors, such that they emerge as well-rounded, responsible and caring human being.
SOURCE : SAUDIGAZETTE
