Session on Monday, November 11, 2024,
Headed by Judge Falah Shaye Al-Hajri, the ‘Head of the Department’, with the membership of Judges Juma Ibrahim Mohammed Al-Otaibi and Al-Tayeb Abdul Ghafour Abdul Wahab
(1-4) Custody ‘Nature of Custody, its conditions, the judge's authority’ ‘The right of custody’. Judgement ‘Evidentiary deficiencies: Misunderstanding of facts and evaluating the evidence’.
1. Nature of Custody? It is the right of the mother when she is eligible for it. The right to custody of the child is established for the mother and then for the female relatives of the child, in which the one who is related to the mother is prioritised over the one who is related to the father, and the closest from both sides is considered, with the exception of the father for the custodial parent. What they are. Whoever cannot be trusted with his own honour and honour cannot be trusted with others, a fortiori to protect the interest of the child.
The reason for the judge's discretionary authority. It contradicts the cases of necessity in Islamic Shari'ah, including the right of guardianship in mat...