Marriage Guardianship: Responsibility and a Woman’s Right to Choose

Families are where people first develop judgment, learn to balance reason and emotion, and acquire a sense of responsibility and belonging. Through example and daily practice, they learn fairness, compassion and mutual respect. When family relationships weaken, dialogue can give way to impulsive decisions that lose sight of the wisdom and mercy at the heart of religion. One manifestation is adhl: a guardian’s refusal, without a legally valid reason, to permit a woman under his guardianship to marry a suitable man whom she has accepted. This reflects a misunderstanding of guardianship as a duty of care and protection. The guardian is entrusted with the woman’s interests and dignity; the purpose is to preserve affection and build family relationships on cooperation and compassion.

The Qur’anic direction not to prevent women from marrying when the parties agree on reasonable terms establishes responsible freedom in marriage and limits abuse of guardianship. Guardianship is a responsibility of care rather than an unrestricted power. Oman’s Personal Status Law, issued by Royal Decree 32/1997, regulates marriage guardianship. Article 11 identifies the guardian by the order of male agnatic relatives applicable to inheritance and sets conditions concerning sex, sound mind, adulthood, absence of pilgrimage consecration and, where the woman is Muslim, religion. Article 251 sets out the order of agnatic relatives, beginning with descendants, then ascendants, brothers, paternal uncles and their descendants. Accordingly, an eligible adult Muslim son may act as guardian for his divorced or widowed mother. The article discusses the courts’ intervention where a guardian unjustifiably refuses marriage or fails to meet the required standards, so that rights are protected and fairness is achieved.

Royal Decree 55/2010 gives the Supreme Court’s Sharia Court Division exclusive jurisdiction over adhl claims. Where a judgment rejects her claim, the woman may petition His Majesty the Sultan through the Diwan of Royal Court within 30 days beginning on the day after the judgment is issued. This combines substantive and procedural protection within a legal framework intended to safeguard her dignity and interests.

In considering these claims, the courts balance the woman’s wish to marry with marital suitability, or kafaa. The Supreme Court decisions discussed in the article consider religion, character, customs, lineage and social circumstances, reflecting an understanding of marriage as a relationship of affection, stability and mutual respect. Suitability is intended to reduce conflict and support a responsible family life. The author’s discussion of judicial practice notes that claims may be rejected where the required suitability is not established. The relevant assessment concerns the parties’ circumstances and their compatibility; it should not be treated as a mechanical judgment about every marriage.

Scholars differ over how broadly social suitability should be understood. Some caution against a narrow social interpretation, since differences in custom or status do not necessarily prevent affection when faith and good character are present. Others consider social customs relevant to avoiding serious conflict between families. The judicial approach discussed seeks a balance between practical circumstances, the objectives of Islamic law, family interests and the woman’s choice of spouse.

The Omani judgments discussed emphasize that guardianship must serve the woman’s legitimate interests and protect her dignity. It is a responsibility exercised through care, rather than domination or unquestioning adherence to custom.

One judgment explained that marital suitability is not limited to religion and also considered customs, lineage and social circumstances, because substantial differences can cause estrangement and undermine family stability. In doing so, it referred to prophetic teachings concerning the considerations that guide the choice of a spouse, including the importance of religious commitment, and the timely marriage of an unmarried woman when a suitable partner is available.

The judgment also discussed the attention given by jurists in many Muslim societies to suitability in religion, lineage and custom, and the potential effects of ignoring serious incompatibility on affection and respect between families. It concluded that the guardian must assess the woman’s interests impartially, free from personal preferences or unexamined customs. Refusing a suitable marriage without a valid reason constitutes an abuse that may justify judicial intervention to remove harm and uphold rights.

Marriage is a life-changing decision that calls for emotional and rational awareness. With modern communication, relationships can begin through a few simple exchanges and develop into a feeling of closeness. An apparently sincere moment may become an unconsidered attachment unless accompanied by sound judgment. Sincere feelings alone do not build a stable home without shared understanding and mutual respect. Love needs a balance between emotion and practical reality. As the poet known as Qays of Layla expressed it: her love reached him before he understood love, found an unoccupied heart, and took firm possession of it.

The verse captures how emotion can enter the heart before a person fully recognizes it. Without mature judgment, affection can turn into an impulse whose consequences are not understood.

When the intended spouse has a different nationality, careful reflection becomes especially important: marriage connects two people, two cultures and two families. Royal Decree 23/2023 removed the previous restrictions on Omanis marrying foreigners. This greater freedom requires awareness of its implications. The children of an Omani woman and a non-Omani man do not automatically acquire Omani nationality; any grant of nationality is subject to the conditions and procedures in the Omani Nationality Law. Their future and the environment in which they will grow up therefore deserve consideration. Family responsibility extends across generations and requires both emotional awareness and practical judgment.

Respecting parents’ views about marriage can show maturity. Their experience may reveal issues that strong emotion makes difficult to recognize. Calm family dialogue can ease tension, and frank, sincere discussion may prevent a dispute from reaching court. Families that maintain their relationships help sustain psychological and social balance. Mutual listening and honesty are an early defence against division and instability.

In recent years, Oman has seen legislative development in the protection of women and the regulation of family affairs. Modern legislation affirms women’s decision-making rights within the framework of Islamic law and the values of society. Some reservations concerning international agreements have also been withdrawn, bringing national provisions into closer alignment with the principles of justice and dignity underlying the legal system. These developments reflect an institutional understanding that protection against abuse of guardianship forms part of a wider responsibility for family balance and social stability, grounded in compassion and shared responsibility.

Adhl is therefore a legal issue with a wider social dimension: it reflects attitudes to dialogue and responsibility in decision-making. Wise guardianship, a sound understanding of marital suitability, and decisions based on interests and consultation may prevent conflict before it begins. Courts intervene when a family cannot resolve a dispute internally. A judgment can settle the legal issue, while healing relationships requires awareness, patience and compassion from those who accept responsibility towards the people they love.

At its foundation, guardianship is a system of care intended to protect interests and dignity. Exercised with sound judgment and fairness, it supports affection and the Islamic objectives of tranquillity and reassurance in marriage. Dialogue and responsible exercise of rights can prevent unjustified obstruction of marriage and help families balance religion and law, emotion and reason, freedom and responsibility.

By Advocate Muhammad bin Saeed AlmamriAlmamri & Al-Saidi Law FirmAdvocates and Legal ConsultantsTelephone: +968 9060 5000Email: info@mflegal.net · mohd@mflegal.net

Translated from the Arabic article originally published on 4 November 2025. The procedural deadline and nationality passages reflect the accuracy corrections made to the Arabic text.