Session on Monday, September 16, 2024
Headed by Judge / Falah Shaye Al-Hajri, “Head of the Department” and with the membership of Judges / Juma Ibrahim Mohammed Al-Otaibi and Al-Tayeb Abdul Ghafour Abdul Wahab
(1-3) Marriage ‘Separation of marriage: The effects of the division of marriage, custody, what it is, its conditions, and the judge's discretionary power’, “Enforcing the vision judgement by force”.
1. Custody is a manifestation of the Shari'ah's concern for childhood in order to preserve, care for and educate the child. Its conflict with the right of guardianship is impermissible. The right of custody does not conflict with the right of guardianship.
2. The custody of one parent does not deprive the other parent of the right to visit, see and accompany the child. The place, time and person responsible for bringing the child shall be determined by a decision of the judge, the condition and reason for this shall be in the interest of the child and without prejudice to the right of the custodian. Anyone wishing to see, visit or invite to visit the child must endeavour to go to the child's place of r...