عنوان المقال عربي
حضانة الأطفال في قانون الأحوال الشخصية العراقي والفقه القانوني
Abstract
The primary purpose of writing any research is to come up with intellectual opinions that fit the problem under study, including contributing to the field of research and development without claiming scientific or scientific advancement, because that is a characteristic of ignorance, not knowledge. Therefore, the topic of child custody was researched using a comparative and analytical approach, combining the jurisprudential opinions of Islamic schools of thought and Islamic jurisprudence books, while strengthening this with legal texts and judicial rulings issued by courts. This can only be achieved by knowing the nature of custody in terms of its definition, then moving on to know the conditions that must be met by the custodian entrusted with caring for the child, while clarifying that custody may entail material effects, such as custody expenses for the custodial or non-custodial mother, and moral effects represented by the visitation of the child by his relatives. These effects may not be resolved except by resorting to the judiciary to resolve legal issues, such as determining the custody fee and the time and place of visitation of the child.
Keywords
Child custody, personal status law, jurisprudence
Recommended Citation
Hussein, Shaza Muzaffar
(2025)
"Child custody in Iraqi personal status law and jurisprudence,"
Uruk for Humanities: Vol. 9:
Iss.
2, Article 27.
Available at:
https://muthuruk.mu.edu.iq/journal/vol9/iss2/27
