The Ministry of Justice has issued a decision prohibiting the sale of housing units granted to orphans by the Ministry of Social Affairs until five years have elapsed from the date of the grant, in the best interests of the orphans. The Minister of Justice, Dr. Walid Al-Samaani, directed that this condition be included in the deed. The Ministry’s Information Technology Department was also instructed to place a five-year ban on the transfer of the deed in the electronic system, or for the period determined by the Ministry of Social Affairs if shorter, The sales ban shall automatically expire upon the expiration of this period without the need to contact the Ministry of Justice to lift the ban.

This came as a result of the Ministry’s comprehensive review and update of regulations and bylaws, as the procedures in effect at notary offices did not impose such a restriction. Therefore, the Minister of Justice directed that the matter be re-examined in accordance with Sharia law and in the best interests of orphans. The study concluded that it is permissible to restrict the sale of real estate granted by the Ministry of Social Affairs to orphans under this condition, as housing is a fundamental necessity that no human being can do without.

The Ministry of Justice considered that this condition serves the orphan’s best interests, as the Ministry of Social Affairs is the entity responsible for the orphan’s care and is better positioned to assess the orphan’s best interests than the orphan themselves, given their young age and lack of experience, and because the Ministry of Social Affairs is the guardian of the beneficiaries and is responsible for managing and overseeing their affairs.