The Personal Status Law grants the legal guardian—most commonly the father—the right to choose the type of education for his children, whether public or private, as part of guardianship over the child’s person. However, this right is not absolute; it is restricted by the prohibition of abuse of rights and by the requirement to prioritize the best interests of the child, as established by statutory provisions and judicial precedents.
First: The General Rule in Choosing the Type of Education
As a general principle, the guardian has the right to choose the type of education he deems appropriate for the children. This is considered a personal right of the guardian, provided that:
- The right is not exercised abusively
- The child or the custodian is not harmed
- The child’s educational and psychological stability is maintained
Second: Situations Constituting Abuse of the Right to Choose Education
1. Discrimination Between Children in the Type of Education
It constitutes abuse if the father:
- Enrolls some of his children in private schools, and
- Enrolls others in public schools, without a legitimate justification, as this violates equality among children and harms their psychological well-being.
2. Enrolling a Child in a School Far from the Custodian’s Residence
It is considered abusive for the father to enroll the child in:
- A school far from the custodian’s place of residence, thereby imposing additional burdens on the child and negatively affecting daily stability and regular school attendance.
3. Transferring the Child to a School Outside the Custodian’s Area of Residence
It is also considered abuse to:
- Transfer the child from his or her established school
- To another school outside the area of the custodian’s residence, without a justified reason that serves the child’s best interests, due to the adverse impact on educational and social stability.
Legal and Judicial Basis
Such actions constitute a clear violation of Article (184) of the Personal Status Law, which restricts the guardian’s authority by prohibiting abuse of rights.
This principle was further affirmed by the Supreme Sharia Court in:
- Decision No. (2016/2), which emphasized that the best interests of the child take precedence over the guardian’s authority in matters of education.
Legal Summary
- The father has the right to choose the type of education for his children
- This right is restricted by the prohibition of abuse
- Any action that harms the child’s stability or best interests is unlawful
- Courts may intervene when this right is misused