custody right

Custody is defined as preserving someone who is not independent in his affairs and raising him according to what is right for his condition, and it is legally obligatory, because the one under custody perishes if no one does it, and this obligation is sufficient if there are multiple incubators. It is a right of the unspecified custodian, not upon him, and if he abstains from it, he is not forced upon it, and if he wanted to forfeit his right to it, he could do so. If she gets married or dies, the right passes to those after her, and the jurists differed in the order of those who are entitled to custody after the mother, but the whole matter is that women are given priority over men because they are more gentle and guided to the upbringing of children, and the majority of scholars prioritize the mother of the mother after the mother in the right of custody of the child.[1]

Terms of custody

Whoever takes the right of custody is required to be qualified for that, and therefore the jurists have stipulated conditions that prove custody only for those who have it, and these conditions are of three types, some of them are general in women and men, and some are specific to women, and some are specific to men, and the following is a statement of the general conditions:[2]

  • fidelity in debt; The immoral person is not qualified for custody, as he is not entrusted, and what is meant is immorality; That is, the one with whom the child is lost, such as one who is famous for drinking alcohol, stealing, fornication, and so on.
  • puberty and reason; Custody is not established for an insane or young child, as they are unable to manage their affairs, but rather need someone to hug them.
  • Islam if the child is a Muslim, because the infidel has no guardianship over the Muslim.
  • The ability to do the affairs of the foster child.
  • The custodian or guardian is not traveling on the move.
  • Safe place for the custodian for the cuddled.
  • adulthood; There is no nursery for fools.

Loss of custody right

Custody is forfeited in some cases, such as if the person who has the right to it refuses to take it, or if he is not qualified for it; Such as the insane, the sick, the elderly, or someone who does not achieve the interests of the child, as well as no custody for the one who has slavery, because he is preoccupied with doing the affairs of the child in custody, as well as the one who was married to a foreigner from the child under the custody, and in these cases, the custody is transferred to the one after him, if the order is removed from Kindergarten is back.[3]

the reviewer

  1. ↑ “The sayings of the jurists regarding the right to custody, and how long does it last?”, www.islamweb.net, 12-19-2000, accessed on 01-29-2019. act.
  2. ↑ “What is required for those who deserve custody”, www.al-eman.com, accessed on 01-29-2019. act.
  3. ↑ “The fall of the nursery”, www.al-eman.com, accessed on 01-29-2019. act.

custody right

Writing – on the date : – Last updated: 2022-05-21 07:45:01