Session on Monday, 3 February 2025
Presided over by Mr Falah Shaye Al-Hajri, Judge and Chairman of the Department
And the membership of Judges Juma’ Ibrahim Mohammed Al-Otaibi and Al-Tayyib Abdul-Ghafur Abdul-Wahhab.
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(1–3) Divorce: ‘Consequences of divorce: Custody: Loss of the custodian’s right’. Ruling: ‘Interim rulings: Among the interim rulings are those issued in relation to custody’.
(1) If the custodian resides in a country where it is difficult for the guardian of the child to fulfil his or her duties towards the child, the custodian’s right to custody shall lapse. The reason for this is that custody must not conflict with the guardian’s right of guardianship over the child’s person, which takes precedence in Islamic law over the custodian’s right to visit the child. The basis for this is established in the jurisprudence of the four schools of Islamic law and Article 152 of the Personal Status Act.
(2) Custody orders are provisional and may be varied as circumstances change, provided that the best interests of the child are taken into account.
(3) The grounds on which the father is...