Session on Monday, July 8, 2024
Headed by Mr Judge Falah Shaye Al-Hajri, "Head of the Department"
and the membership of Judges Juma Ibrahim Mohammed Al-Otaibi and Al-Tayeb Abdul Ghafour Abdul Wahab
(1-4) Custody ‘What is custody? Its conditions: The judge's discretionary power’ “The right of custody”. Ruling on ‘Evidentiary flaws in understanding the facts and evaluating the evidence’.
1. What is custody? It is an obligation. 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 mother's relatives take precedence over the father's relatives, and the closest from both sides, except for the father, is considered. The eligibility requirements stipulate that someone who cannot safeguard their own honour and dignity cannot be entrusted with the responsibility of others, particularly in protecting the child's interests. The reason for this is that it contradicts the cases of necessity in Islamic Shari'ah, including the right of guardianship in matters not related ...